Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 505 contracts
Samples: Indenture (GTC Biotherapeutics Inc), Indenture, (Broadview Networks Holdings Inc), Indenture (Arvinmeritor Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 427 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Marinemax Inc), First Supplemental Indenture (Goodrich Petroleum Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 335 contracts
Samples: Indenture (Stanley Works), Indenture (Armour Residential REIT, Inc.), Indenture (Cleanspark, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 249 contracts
Samples: Supplemental Indenture (Cheniere Energy Inc), Indenture (Pioneer Drilling Co), Indenture (Vantage International Management Pte Ltd.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 203 contracts
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Senior Indenture (Flowserve Holdings Inc), Indenture (Chrysler Group LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 156 contracts
Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Atwood Mobile Products Inc), Indenture (Tel Save Holdings Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated therein.
Appears in 133 contracts
Samples: Indenture (Goodrich Petroleum Corp), Indenture (GNLV Corp), Indenture (Stratos Funding, LP)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 132 contracts
Samples: Indenture (Rainmaker Systems Inc), Senior Indenture (Iron Mountain Inc), Indenture (Arbe Robotics Ltd.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 84 contracts
Samples: Indenture (Assisted Living Concepts Inc), Collateral Pledge and Security Agreement (Global Broadcasting Systems Inc/Fa), Indenture (Americredit Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 52 contracts
Samples: Indenture (Ryan's Restaurant Leasing Company, LLC), Supplemental Indenture (Nalco Holding CO), Indenture (Goodman Holding CO)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 51 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Columbia Pipeline Group, Inc.), Indenture (Nabors Industries LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.
Appears in 48 contracts
Samples: Indenture (Orbital Atk, Inc.), Indenture (RAIT Financial Trust), Intercreditor Agreement (Denbury Resources Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 47 contracts
Samples: Indenture (United Auto Group Inc), Indenture (Roadhouse Grill Inc), Indenture (Terex Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 39 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Indenture (American Airlines, Inc.), Indenture (Precision Biosciences Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 36 contracts
Samples: Indenture (General Growth Properties, Inc.), Fourth Supplemental Indenture (Lear Corp), Indenture (Great Lakes Dredge & Dock CORP)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 31 contracts
Samples: Indenture (Stanley Works), Indenture (Koll Donald M), Indenture (Occusystems Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 28 contracts
Samples: Indenture (Vertis Inc), Paying Agent (Standard Pacific Corp /De/), Indenture (China Gerui Advanced Materials Group LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 25 contracts
Samples: Imc Global Inc, Indenture (Oglebay Norton Co /New/), Indenture (Donnelley R H Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 24 contracts
Samples: Indenture (Uih Australia Pacific Inc), Indenture (Standard Pacific Corp /De/), Supplemental Indenture (PSS Holding Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who which has resigned or been removed shall be is subject to TIA Section 311(a) to the extent indicated therein.
Appears in 23 contracts
Samples: Hillenbrand (Hillenbrand, Inc.), Fingerhut Companies (Fingerhut Companies Inc), Indenture (Deluxe Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall will be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 23 contracts
Samples: Indenture (Ball Corp), Supplemental Indenture (BALL Corp), Indenture (Ball Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA TTA Section 311(a) to the extent indicated thereinindicated.
Appears in 20 contracts
Samples: Senior Indenture (Asia Entertainment & Resources Ltd.), Canyon I Navigation Corp., Imperial Eagle Shipping LLC
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 18 contracts
Samples: Indenture (Goodrich Petroleum Corp), Indenture (Continental Resources Inc), Indenture (Continental Resources, Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA is subject to Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.
Appears in 18 contracts
Samples: Indenture (Astoria Financial Corp), Supplemental Indenture (Gray Television Inc), Indenture (WSFS Financial Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). ): A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 16 contracts
Samples: Employment Agreement (Marquee Holdings Inc.), Indenture (Amc Entertainment Holdings, Inc.), Security Agreement (Amc Entertainment Holdings, Inc.)
Preferential Collection of Claims Against Company. The To the extent the TIA then applies to the Indenture, the Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A To the extent the TIA then applies to the Indenture, a Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 15 contracts
Samples: Covenants (NortonLifeLock Inc.), Investment Agreement (Nu Skin Enterprises Inc), Indenture (Amc Entertainment Holdings, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE SEVEN
Appears in 15 contracts
Samples: Indenture (Salant Corp), Indenture (Salant Corp), Indenture (Tampa DC, LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 14 contracts
Samples: Chesapeake Louisiana Lp, Zion Oil & Gas Inc, Mc Louisiana Minerals LLC
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (Mattel Inc /De/), Tivo Inc, CNL American Properties Fund Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or has been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc), Indenture (OC Holding Company, LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (SFX Broadcasting Inc), Indenture (Paramount Resources LTD), Indenture (Iron Mountain Inc/Pa)
Preferential Collection of Claims Against Company. The To the extent the TIA then applies to the Indenture, the Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A To the extent the TIA then applies to the Indenture, a Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 12 contracts
Samples: Investment Agreement (Cornerstone OnDemand Inc), Investment Agreement (NortonLifeLock Inc.), Investment Agreement (Viavi Solutions Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 12 contracts
Samples: Indenture (Pen Tab Industries Inc), Carson Products Co, Triton PCS Holdings Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section 311(bss. 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 12 contracts
Samples: Indenture (Entex Information Services Inc), Purchase Agreement (Paxson Communications Corp), Purchase Agreement (Paxson Communications Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section 311(b§ 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 11 contracts
Samples: Indenture (General Cable Corp /De/), Mobile Satellite (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (Headway Corporate Resources Inc), Indenture (MDC Holdings Inc), Indenture (Richmond American Homes of Northern California Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor on the Notes.
Appears in 10 contracts
Samples: Indenture (Amerco /Nv/), Indenture (Archibald Candy Corp), Indenture (Piccadilly Cafeterias Inc)
Preferential Collection of Claims Against Company. The -------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 10 contracts
Samples: Exchange Indenture (Hudson Respiratory Care Inc), Indenture (DR Sales Inc), Indenture (Glenoit Asset Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed set forth in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (Credence Systems Corp), Indenture (LTX-Credence Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with be subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Sten Corp), Indenture (Advanced Environmental Recycling Technologies Inc), Indenture (Consumer Portfolio Services Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or has been removed shall be subject to TIA comply with Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 9 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Lyondell Trust Iii, Petroquest Energy Inc, Syntroleum Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Pledge Agreement (Gothic Energy Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Interpool Inc), Indenture (Delta Mills Inc), Trico Marine Services (Trico Marine Services Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT DISCHARGE OF INDENTURE
Appears in 8 contracts
Samples: Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a§ 311(a)(1) and 310(a)(5), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 8 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with be deemed to be subject to TIA Section 311(a)) on the same basis as if this Indenture were qualified under the TIA, excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be deemed to be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 8 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT
Appears in 8 contracts
Samples: Indenture (Cabot Corp), Cabot Corp, Cabot Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.indicated. ARTICLE VIII
Appears in 8 contracts
Samples: Indenture (Soundhound Ai, Inc.), Indenture (Anixa Biosciences Inc), Indenture (MICT, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding except with respect to any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be is subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 8 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Canada Energy Finance Ulc), Indenture (Calpine Capital Trust Iv)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated. ARTICLE EIGHT Discharge of Indenture Section 8.01.
Appears in 7 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section is subject to section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) of the TIA to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Birds Eye Foods, Inc.), Indenture (Linden Oaks Corp), Indenture (Eagle Picher Holdings Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section 311(b(S) 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Sandhills Inc), Indenture (Pca International Inc), Samsonite Corp/Fl
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Vail Resorts Inc), Playa Hotels & Resorts B.V., Playa Hotels & Resorts N.V.
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Covenants (Encompass Services Corp), Unilab Corp /De/, Building One Services Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Stanley Works), Indenture (Argo Tech Corp), Winstar Communications Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a§ 311 (a), excluding any creditor relationship listed in TIA Section 311(b§ 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 31I (a) to the extent indicated therein.
Appears in 6 contracts
Samples: First Supplemental Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (Nova Biosource Fuels, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (Terex Corp), Tia Indenture (Cherokee International Finance Inc), Indenture (MDC Holdings Inc)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Walbro Corp, Unifrax Investment Corp, Packaged Ice Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a§ 77kkk(a), excluding any creditor relationship listed in TIA Section 311(b§ 77kkk(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 77kkk(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Supplemental Indenture (Metropcs Communications Inc), First Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (Hewlett Packard Co), Indenture (Merrill Lynch & Co Inc), Merrill Lynch Preferred Funding Vi L P
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company, as obligor on the Notes.
Appears in 6 contracts
Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Management Solutins Inc/)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Tenneco Automotive Inc), Aearo CO I, Price Communications Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor credit or relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (Avago Technologies LTD), Indenture (Avago Technologies LTD), Note Purchase Agreement (Broadcom Cayman L.P.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company as obligor on the Notes.
Appears in 5 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Ocean Energy Inc), Sizeler Property Investors Inc, Ocean Energy Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE NINE
Appears in 5 contracts
Samples: Indenture (Gene D. Yost & Son Inc.), Indenture (Chesapeake Energy Corp), Indenture (MidCon Compression LP)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Global Imaging Systems Inc), Sailors Inc, Harborside Healthcare Corp
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (United Refining Co), Indenture (Tenneco Inc), Indenture (Tenneco Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A If the present or any future Trustee who has resigned shall resign or been removed be removed, it shall be subject to TIA Section 311(a) to the extent indicated provided therein.
Appears in 5 contracts
Samples: Indenture (Mettler Toledo Holding Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Mothers Work Inc, Newmont Mining Corp /De/, Newmont Mining Corp /De/
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). 311(6): A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Marquee Holdings Inc.), Indenture (Amc Entertainment Inc)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 4 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Cybernet Internet Services International Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section is subject to TIAss. 311(a), excluding any creditor relationship listed in TIA Section TIAss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section TIAss. 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Osullivan Industries Inc, Execution (Aki Inc), Indenture (Prime Medical Services Inc /Tx/)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE SEVEN DISCHARGE OF INDENTURE, DEFEASANCE AND COVENANT DEFEASANCE
Appears in 4 contracts
Samples: Indenture (Helmerich & Payne Inc), Reconciliation And (Nabors Industries LTD), Reconciliation And (Nabors Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated thereinindicated. ARTICLE EIGHT Discharge of Indenture Section 8.01.
Appears in 4 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/, Tele Communications Inc /Co/
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Ames Department Stores Inc), Indenture (GPPD Inc), Indenture (Ames Department Stores Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 311 (a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Polypore International, Inc.), Indenture (Transdigm Inc), Indenture (Polypore International, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (Section) 311(a), excluding any creditor relationship listed in TIA Section (Section) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (Section) 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (NTL Inc /De/), Indenture (Eer Systems Inc), Trimas Corp
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Just for Feet Specialty Stores Inc, NTL Inc /De/, Stillwater Mining Co /De/
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed described in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (PRGX Global, Inc.), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. If the Trustee acquires any conflicting interest as defined in the TIA it shall eliminate such conflict within 90 days, apply to the Commission for permission to continue or resign.
Appears in 4 contracts
Samples: Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Inc /De/)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship have listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be is subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: First Franklin Financial Corp, First Franklin Financial Corp, 1st FRANKLIN FINANCIAL CORP
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor on the Notes.
Appears in 3 contracts
Samples: Purchase Agreement (Wilson Greatbatch Technologies Inc), Indenture (Icn Pharmaceuticals Inc), Indenture (Del Monte Foods Co)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein. The provisions of TIA (S)311 shall apply to the Company as obligor on the Securities.
Appears in 3 contracts
Samples: Navistar International Corp /De/New, Navistar International Corp /De/New, Navistar Financial Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding from the operation of Section 311(a) of the TIA any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Vectren Utility Holdings Inc, Vectren Utility Holdings Inc, Southern Indiana Gas & Electric Co
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311(a) shall apply to the Company and its Subsidiaries, as obligor on the Notes.
Appears in 3 contracts
Samples: Registration Rights Agreement (New World Restaurant Group Inc), Registration Rights Agreement (New World Coffee Manhattan Bagel Inc), Article Twelve (Discovery Zone Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a)§ 311, excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Intercreditor Agreement (CPM Holdings, Inc.), Indenture (Interhealth Facility Transport, Inc.), CPM Holdings, Inc.
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall will be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Supplemental Indenture (Xm Satellite Radio Holdings Inc), Supplemental Indenture (Xm Satellite Radio Holdings Inc), Indenture (Southern Star Central Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company as obligor of the Notes.
Appears in 3 contracts
Samples: International Shipholding Corp, Antenna Tv Sa, International Shipholding Corp
Preferential Collection of Claims Against Company. The If and when the Trustee shall be or become a creditor of the Company, the Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (Fisher Scientific International Inc), Quiksilver Inc, Tower Automotive Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.. ARTICLE EIGHT
Appears in 3 contracts
Samples: Indenture (Aecom), Indenture (Qorvo, Inc.), Indenture (Aecom Technology Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section Sections 311(a), excluding any creditor relationship listed in TIA Section Sections 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section Sections 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 3 contracts
Samples: MDC Holdings Inc, MDC Holdings Inc, MDC Holdings Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor on the Notes.
Appears in 3 contracts
Samples: Indenture (American Restaurant Group Inc), Indenture (Atlantic Express Transportation Corp), Indenture (Atlantic Express Transportation Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 311 (a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.indicated. 44
Appears in 3 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/, Tci Communications Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or has been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated. ARTICLE EIGHT.
Appears in 3 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc)
Preferential Collection of Claims Against Company. The -------------------------------------------------- Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Article 9 (Kansas City Southern Industries Inc), Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co
