Common use of Preferential Collection of Claims Against Issuers Clause in Contracts

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 88 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Global Partners Lp)

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Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § shall comply with 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 43 contracts

Samples: Indenture (Holly Energy Finance Corp.), Holly Energy Finance Corp., Indenture (USA Compression Finance Corp.)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein.

Appears in 40 contracts

Samples: Supplemental Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.), Indenture (Park Hotels & Resorts Inc.)

Preferential Collection of Claims Against Issuers. The Trustee 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 39 contracts

Samples: Cloud Peak (Cloud Peak Energy Inc.), Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC)

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 21 contracts

Samples: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL Corp, Associated Materials, LLC

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § shall comply with 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 13 contracts

Samples: Indenture (Momentive Specialty Chemicals Inc.), Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Borden Chemical Inc)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 11 contracts

Samples: Indenture (Bz Intermediate Holdings LLC), Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.

Appears in 11 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Anthony Crane Rental Holdings Lp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 9 contracts

Samples: Sunoco, LLC, Landmark Infrastructure Finance Corp., Form of Indenture (LD Acquisition Co 7 LLC)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 8 contracts

Samples: Indenture (Waterford Gaming LLC), Indenture (Lpa Services Inc), Indenture (Venture Service Co)

Preferential Collection of Claims Against Issuers. The Trustee is subject to and shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 7 contracts

Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Crown Holdings Inc

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 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 6 contracts

Samples: Indenture (Comdisco Holding Co Inc), Comdisco Holding Co Inc, Comdisco Inc

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § 311(bSection 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 Issuers as obligors of the Notes.

Appears in 4 contracts

Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Holdings Finance Corp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall refer to the Issuers and any Subsidiary Guarantor, if applicable, as obligors in respect of the Securities.

Appears in 4 contracts

Samples: Sprint Spectrum Finance Corp, Sprint Spectrum Finance Corp, Sprint Spectrum L P

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. 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) of the TIA to the extent indicated provided therein.

Appears in 3 contracts

Samples: Indenture (Teligent Inc), Teligent Inc, Teligent Inc

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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: Indenture (Petro Stopping Centers L P), Indenture (Petro Financial Corp), Indenture (Petro Stopping Centers Holdings Lp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. 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) of the TIA to the extent indicated provided therein.. ARTICLE SEVEN

Appears in 3 contracts

Samples: Indenture (Leiner Health Products Inc), Indenture (Teligent Inc), Teligent Inc

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.

Appears in 3 contracts

Samples: Indenture (Petro Holdings Financial Corp), Petro Stopping Centers L P, Petro Holdings Financial Corp

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Issuers, as obligors on the Notes.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Majestic Investor Capital Corp), Indenture (Majestic Investor Capital Corp), Indenture (Majestic Star Casino LLC)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 3 contracts

Samples: Indenture (Ashton Woods USA L.L.C.), Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § or Collateral Agent shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee or Collateral Agent who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated.

Appears in 2 contracts

Samples: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.

Appears in 2 contracts

Samples: Aas Capital Corp, Graham Packaging Holdings Co

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(aSection 31l(a), excluding any creditor relationship listed in TIA § 311(bSection 31l(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(aSection 31l(a) to the extent indicated therein.

Appears in 2 contracts

Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\)

Preferential Collection of Claims Against Issuers. The Trustee 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 Issuers, as obligors on the Notes.

Appears in 2 contracts

Samples: Majestic Star Casino LLC, Majestic Star Casino LLC

Preferential Collection of Claims Against Issuers. The Trustee is shall 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 2 contracts

Samples: Indenture (Sealed Air Corp/De), Sealed Air Corp/De

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 Issuers as obligors of the Notes.

Appears in 2 contracts

Samples: Couche Tard (3055854 Nova Scotia Co), NSP Holdings Capital Corp.

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(a)shall comply with 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 2 contracts

Samples: MPT Operating Partnership, L.P., MPT of West Anaheim, LLC

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 Issuers and the Subsidiary Guarantors, as obligors on the Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Canadian Abraxas Petroleum LTD), Canadian Abraxas Petroleum LTD

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 2 contracts

Samples: Financing Agreement (Waterford Gaming LLC), Financing Agreement (Waterford Gaming Finance Corp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b311 (b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 1 contract

Samples: Indenture (Starz, LLC)

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 Issuers as co-obligors on the Securities.

Appears in 1 contract

Samples: Covenants (Rti Capital Corp)

Preferential Collection of Claims Against Issuers. The ------------------------------------------------- Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Samples: Advanced Glassfiber Yarus LLC

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Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 1 contract

Samples: Indenture (GPPW Inc)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. ARTICLE LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Indenture (Martin Midstream Partners Lp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.. ARTICLE EIGHT LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Appalachian Realty Co

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § 311(bSection311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 1 contract

Samples: Atlas America Inc

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein.. ARTICLE 8

Appears in 1 contract

Samples: Park Hotels & Resorts Inc.

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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) and (b) shall apply to the Issuers as co-obligors on the Notes.

Appears in 1 contract

Samples: Blue Steel Capital Corp

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(aSection311(a), excluding any creditor relationship listed in TIA § 311(bSection311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(aSection311(a) to the extent indicated therein.

Appears in 1 contract

Samples: CBD Media LLC

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § (S) 311(b)) of the TIA. A If the present or any future Trustee who has resigned shall resign or been removed be removed, it shall be subject to TIA § (S) 311(a) of the TIA to the extent indicated provided therein.. ARTICLE SEVEN

Appears in 1 contract

Samples: Gsi Group Inc

Preferential Collection of Claims Against Issuers. The If and when the Trustee is subject to shall be or become a creditor of the Issuers, the Trustee shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein.. ARTICLE 8 LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Supplemental Indenture (Delek Logistics Partners, LP)

Preferential Collection of Claims Against Issuers. The If and when the Trustee is subject to shall be or become a creditor of the Issuers, 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 1 contract

Samples: Quiksilver (Quiksilver Inc)

Preferential Collection of Claims Against Issuers. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.indicated. ARTICLE VIII

Appears in 1 contract

Samples: Indenture (Tronox Inc)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 1 contract

Samples: Funding Guarantor (U.S. Shipping Partners L.P.)

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 § 311(a) to the extent indicated therein.TIA

Appears in 1 contract

Samples: MSX International Inc

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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 1 contract

Samples: Indenture (Eldorado Resorts LLC)

Preferential Collection of Claims Against Issuers. The Trustee 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 thereinherein.

Appears in 1 contract

Samples: Quadramed Corp

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § 311(ass. 31l(a), excluding any creditor relationship listed in TIA § 311(bss. 31l(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(ass. 31l(a) to the extent indicated therein.

Appears in 1 contract

Samples: Sweetheart Holdings Inc \De\

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein.. 105

Appears in 1 contract

Samples: Indenture (Memorial Production Partners LP)

Preferential Collection of Claims Against Issuers. The Trustee is subject to 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. 68 62

Appears in 1 contract

Samples: Indenture (Globalstar Capital Corp)

Preferential Collection of Claims Against Issuers. The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Issuers, as obligors on the Notes.

Appears in 1 contract

Samples: Majestic Star Casino LLC

Preferential Collection of Claims Against Issuers. The Trustee 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 1 contract

Samples: CSL National, LP

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