Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 999 contracts
Samples: Indenture (PVH Corp. /De/), Indenture (MGM Resorts International), Indenture (Alberto-Culver CO)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) of the Trust Indenture Act:
Appears in 76 contracts
Samples: Entergy Mississippi Inc, Texas Utilities (Texas Utilities Co /Tx/), Indenture (Firstenergy Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities)) as provided in the Trust Indenture Act, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 73 contracts
Samples: Indenture (LTC Properties Inc), Note (Umb Financial Corp), Indenture (Umb Financial Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 53 contracts
Samples: Indenture (Sanmina-Sci Corp), Indenture (Gas Transporter of the South Inc), Indenture (Bonanza Creek Energy, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 52 contracts
Samples: Senior Indenture (Aetna Inc /Pa/), Indenture (Penn Virginia Corp), Indenture (Penn Virginia Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, of the Company (or of any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or against any such other obligor, as the case may be).
Appears in 44 contracts
Samples: Senior Indenture (Commerce Union Bancshares, Inc.), Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebentures), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 41 contracts
Samples: Indenture (Midamerican Energy Holdings Co /New/), Indenture (Berkshire Hathaway Energy Co), Indenture (Liberty Group Publishing Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) of the Trust Indenture Act:
Appears in 34 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Provident Financial Services Inc), Indenture (Independent Bank Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 26 contracts
Samples: Indenture (Cablevision Systems Corp /Ny), Indenture (Comstock Oil & Gas GP, LLC), Indenture (Telefonica of Argentina Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 24 contracts
Samples: Contingent Value Rights Agreement, Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Celgene Corp /De/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, any Subsidiary Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, such Subsidiary Guarantor or any such other obligor).
Appears in 21 contracts
Samples: Indenture (Contaro Co), Indenture (Contaro Co), Indenture (Contaro Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act Act, but only to the extent therein specified, regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b)(4) and (6) of such Act, the following terms shall mean:
Appears in 16 contracts
Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Global Signal Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 16 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Debt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 16 contracts
Samples: Wejo Group LTD, Indenture (DMC Stratex Networks Inc), Indenture (Indymac Capital Trust I)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 3.11 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to and comply with said Section 3.11 to the extent required thereby.
Appears in 16 contracts
Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b)(4) and (6) of the Trust Indenture Act:
Appears in 15 contracts
Samples: Indenture (General Electric Co), General Electric Co, Indenture (Reliant Energy Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A Trustee who has resigned or been removed shall be subject to Trust Indenture Act Section 311(a) to the extent indicated therein. ARTICLE SEVEN
Appears in 15 contracts
Samples: Indenture (Titan Wheel International Inc), Indenture (Wells Aluminum Corp), Indenture (Sonic Automotive Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or any Guarantor (or any such other obligor).
Appears in 14 contracts
Samples: Indenture (KKR & Co. L.P.), Indenture (KKR & Co. L.P.), Indenture (KKR & Co. Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 12 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities)Notes, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 11 contracts
Samples: Tenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc), Fourteenth Supplemental Indenture (Concho Resources Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, the Guarantor or any such other obligor).
Appears in 11 contracts
Samples: Highland Holdings S.a r.l., Indenture (Thermotrex Corp), Indenture (Thermo Instrument Systems Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon on the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 9 contracts
Samples: Indenture (Marvell Technology Group LTD), Indenture (Apple Inc.), Indenture (Lindblad Expeditions Holdings, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 8 contracts
Samples: Indenture (NextWave Wireless LLC), Assignment and Security Agreement (NextWave Wireless LLC), Security Agreement (NextWave Wireless LLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent provided therein.
Appears in 8 contracts
Samples: Indenture (M/I Homes of Raleigh, LLC), Indenture (M/I Homes of West Palm Beach, LLC), Indenture (M/I Homes of Grandview Yard, LLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 8 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Meritor Electric Vehicles, LLC, Maremont Exhaust Products, Inc.
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 7 contracts
Samples: Payment Rights Agreement (Fusion Systems Corp), Participation Rights Agreement (Schering Plough Corp), Participation Rights Agreement (Schering Plough Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN
Appears in 7 contracts
Samples: Indenture (DSC Communications Corp), Indenture (Cor Therapeutics Inc / De), Indenture (Great West Life & Annuity Insurance Capital I)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebt Securities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) of the Trust Indenture Act:
Appears in 7 contracts
Samples: Pebblebrook Hotel Trust, Carolina Power & Light Co, Progress Energy Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to and comply with said Section 311 to the extent required thereby.
Appears in 7 contracts
Samples: Chesapeake Corp /Va/, Indenture (Richfood Holdings Inc), Indenture (Collins & Aikman Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securitiessecurities of any Series), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 6 contracts
Samples: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, the Guarantor or any other such other obligor).
Appears in 6 contracts
Samples: Blount International Inc, Indenture (Bp PLC), Indenture (Bp PLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Debt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 6 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent provided therein. ARTICLE SEVEN
Appears in 5 contracts
Samples: Indenture (360networks Inc), Xl Capital LTD, Arch Capital Group LTD
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Subordinated Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Achieve Life Sciences, Inc., Meru Networks Inc, Oncogenex Pharmaceuticals, Inc.
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A Trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent indicated therein. ARTICLE SEVEN
Appears in 5 contracts
Samples: Subordinated Indenture (Wsyt Licensee L P), Indenture (Sinclair Broadcast Group Inc), Indenture (WSTR Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De), American International Group Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 3.11(b) of the Trust Indenture Act:
Appears in 5 contracts
Samples: First Mortgage Indenture (Allegheny Energy, Inc), First Mortgage Indenture (South Jersey Industries Inc), SOUTH JERSEY GAS Co
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or the Guarantor or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or the Guarantor or any such other obligor).
Appears in 5 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Mesa Air New York, Inc.
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor of the Company (or any other obligor upon the Securities), ) the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Rights Agreement (Mafco Consolidated Group Inc), Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc), Rights Agreement (Baxter International Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A Trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent indicated therein. ARTICLE SEVEN
Appears in 5 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Lease Agreement (Sinclair Broadcast Group Inc), WCHS Licensee LLC
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) (4) and (6) of the Trust Indenture Act, the following terms shall mean:
Appears in 4 contracts
Samples: Indenture (Psi Energy Inc), Indenture (Cinergy Corp), Cinergy Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or such Guarantor (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Medtronic PLC), Indenture (Medtronic Inc), Indenture (Medtronic Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon on the Securities)Notes, the Trustee shall be subject to and comply with the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Signature Resorts Inc, Signature Resorts Inc, Signature Resorts Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities or the Senior Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 4 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc, Allied Waste Industries Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company Parent (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company Parent (or any such other obligor).
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or of any other obligor upon on the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor)obligor on the Securities.
Appears in 4 contracts
Samples: Indenture (Roper Industries Inc /De/), Georgia Pacific Corp, Infocure Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Nomura America Finance, LLC), Goldman Sachs Capital V, Corning Inc /Ny
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, or any other obligor upon the Securities)Guarantor, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Enron Capital Trust I, Enron Capital Trust Ii, Enron Capital Trust Ii
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Subsidiary Guarantors or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, the Subsidiary Guarantors or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Universal Brixius Inc), Poindexter J B & Co Inc, Fresenius National Medical Care Holdings Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SIX
Appears in 4 contracts
Samples: Indenture Agreement (Protein Design Labs Inc/De), Cell Therapeutics Inc, Cell Therapeutics Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN
Appears in 4 contracts
Samples: Atmos Energy Corp, CSC Parent Corp, Atmos Energy Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities)Company, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Enron Capital Trust Ii, Enron Capital Trust I, Enron Capital Trust I
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company or any Guarantor (or any other obligor upon the SecuritiesNotes), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company or such Guarantor (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), d1io3yog0oux5.cloudfront.net
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company or the Guarantors (or any other obligor upon the SecuritiesNotes), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantors (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), usermanual.wiki, Iterum Therapeutics PLC
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or the Guarantor or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to comply with the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or the Guarantor or any such other obligor).
Appears in 3 contracts
Samples: Ual Corp /De/, Ual Corp /De/, Ual Corp /De/
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesSenior Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 3 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities or the Senior Subordinated Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 3 contracts
Samples: Allied Waste Industries Inc, Owens & Minor Inc/Va/, Allied Waste Industries Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSenior Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). SECTION 614.
Appears in 3 contracts
Samples: El Paso Tennessee Pipeline Co, Tennessee Gas Pipeline Co, Tennessee Gas Pipeline Co
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Teck Cominco LTD), Teck Resources (Teck Metals Ltd.), Indenture (Pitney Bowes Inc /De/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor)) and, if applicable, to mandatory provisions of the laws of foreign jurisdictions regarding the collection of such claims.
Appears in 3 contracts
Samples: Allianz Finance III B.V., Allianz Finance III B.V., Allianz Finance III B.V.
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesConvertible Debentures), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Sun Healthcare Group Inc), Central Parking Corp, Sun Healthcare Group Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Speedway Motorsports Inc), Indenture (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (World Airways Inc /De/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the issuing Company or the Guarantor (as applicable) (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the such Company (or any such other obligor).
Appears in 3 contracts
Samples: Berkshire Hathaway Finance Corp, Berkshire Hathaway Inc, Berkshire Hathaway Finance Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon on the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Bally Franchise RSC Inc, Bally Franchise RSC Inc, Bally Total Fitness Holding Corp
Preferential Collection of Claims Against Company. If and when the Indenture Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebentures), the Indenture Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD), Golden Star Resources LTD
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebt Securities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Devon Energy Corp/De), Devon Financing Trust Ii, Devon Financing Trust Ii
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligorobligor upon the Securities).
Appears in 3 contracts
Samples: Senior Note Indenture (Anthem Inc), Indenture (Anthem Inc), Anthem Inc
Preferential Collection of Claims Against Company. If and ------------------------------------------------- when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (United Parcel Service of America Inc), Commonwealth Bankshares Inc, Commonwealth Bankshares Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or the Guarantor(or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Xtra Finance Corp, Berkshire Hathaway Inc, Berkshire Hathaway Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Reconciliation And (Mindspring Enterprises Inc), Mindspring Enterprises Inc, Geotek Communications Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, any Subsidiary Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, any Subsidiary Guarantor or any such other obligor).
Appears in 3 contracts
Samples: Key3media Events Inc, Key3media Events Inc, Key3media Group Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Sections 311(a) and 311(b) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Carlisle Companies Inc, Carlisle Companies Inc, Contifinancial Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). Section 614.
Appears in 3 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, El Paso Natural Gas Co
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities of a Series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company Company, any Guarantor (or any other obligor upon the SecuritiesSecurities or the Senior Subordinated Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 2 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of Section 311 and any other provision of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor), as the case may be, excluding any creditor relationship listed in Trust Indenture Act Section 311(b).
Appears in 2 contracts
Samples: Anixter International Inc, Anixter International Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A trustee who has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent provided therein.
Appears in 2 contracts
Samples: Indenture (Nelnet Inc), Indenture (Nelnet Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act Act, but only to the extent therein specified, regarding the collection of claims against the Company (Company, the Guarantor or any such other obligor).. For purposes of Section 311(b)(4) and (6) of such Act:
Appears in 2 contracts
Samples: Indenture (Coca-Cola Hellenic Bottling Co Sa), Indenture (Coca-Cola Hellenic Bottling Co Sa)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesSenior Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN
Appears in 2 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities, including any Guarantor), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor, including any Guarantor).
Appears in 2 contracts
Samples: Yellow Roadway Technologies Inc, Usfreightways Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Debt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Multicanal Sa), Second Supplemental Indenture (Multicanal Sa)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor). A trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent provided therein.
Appears in 2 contracts
Samples: Arch Capital (Arch Capital Group Ltd.), Arch Capital Group (Arch Capital Group Ltd.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).Trust
Appears in 2 contracts
Samples: Subordinated Indenture (Duke Power Co /Nc/), Subordinated Indenture (Duke Power Co /Nc/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 2 contracts
Samples: Unumprovident Financing Trust Iii, Union Planters Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.), Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, or any such other obligor).
Appears in 2 contracts
Samples: Quanta Services Inc, Quanta Services Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to and shall take all actions necessary to comply with the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Molina Healthcare Inc), Indenture (Molina Healthcare Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 and any other provision of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor), as the case may be.
Appears in 2 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Inden- ture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Western Resources (Western Resources Capital Ii), Western Resources Inc /Ks
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims (whether or not litigated) against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Overseas Shipholding Group Inc, Overseas Shipholding Group Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).provisions
Appears in 2 contracts
Preferential Collection of Claims Against Company. If and when the Trustee shall be is or become becomes a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall will be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor).
Appears in 2 contracts
Samples: Kingsway Financial Services Inc, Kingsway Financial Services Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act)), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor)) to the extent applicable.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Aquila Inc), Aquila Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor)Company.
Appears in 2 contracts
Samples: Indenture (J P Morgan Chase & Co), Home Loan Servicing Solutions, Ltd.
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities or the Subordinated Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 2 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc
Preferential Collection of Claims Against Company. If ------------------------------------------------- and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Nationwide Financial Services Inc/, Nationwide Financial Services Capital Trust
Preferential Collection of Claims Against Company. (a) If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon of the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).):
Appears in 2 contracts
Samples: Travelers Property Casualty Corp, Travelers Property Casualty Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company and such Guarantor (or any such other obligor).
Appears in 2 contracts
Samples: Abx Air Inc, Pep Boys Manny Moe & Jack
