Common use of Preferential Collection of Claims Against the Issuer Clause in Contracts

Preferential Collection of Claims Against the Issuer. 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 100 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Equinix Europe (Equinix Europe 2 Financing Corp LLC), Supplemental Indenture (Sensata Technologies Holding PLC)

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

Appears in 75 contracts

Samples: Indenture (SLM Funding LLC), Indenture (SLM Funding LLC), Ge Equipment (GE TF Trust)

Preferential Collection of Claims Against the Issuer. 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 68 contracts

Samples: Intercreditor Agreement (Berry Global Group, Inc.), Supplemental Indenture (Garrett Motion Inc.), Supplemental Indenture (Forward Air Corp)

Preferential Collection of Claims Against the Issuer. The Trustee, in its capacity as Trustee is subject to hereunder, 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 31 contracts

Samples: Indenture (Clean Harbors Inc), Refinancing Agreement (Warner Music Group Corp.), Clean Harbors Inc

Preferential Collection of Claims Against the Issuer. 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 26 contracts

Samples: Indenture (Churchill Downs Inc), Yum Brands Inc, Yum Brands Inc

Preferential Collection of Claims Against the Issuer. 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 26 contracts

Samples: Indenture (ACCO BRANDS Corp), Indenture (Ultra Petroleum Corp), Warrant Agreement (Ultra Petroleum Corp)

Preferential Collection of Claims Against the Issuer. The Indenture Trustee is subject to TIA § will comply with Section 311(a)) of the TIA, excluding any each creditor relationship listed in TIA § Section 311(b)) of the TIA. A An Indenture Trustee who has resigned or been removed shall will be subject to TIA § 311(aSection 311(c) to of the extent indicated thereinTIA.

Appears in 23 contracts

Samples: Transfer and Servicing Agreement (Verizon Owner Trust 2020-A), Transfer and Servicing Agreement (Verizon Owner Trust 2020-C), Transfer and Servicing Agreement (Verizon Owner Trust 2020-B)

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

Appears in 21 contracts

Samples: Base Indenture (Conns Inc), Letter Agreement (Oportun Financial Corp), Letter Agreement (Oportun Financial Corp)

Preferential Collection of Claims Against the Issuer. 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. The provisions of TIA § 311 shall apply to the Issuer, as obligor on the Notes.

Appears in 15 contracts

Samples: Chaparral Energy, Inc., Third Supplemental Indenture (Rosetta Resources Inc.), Supplemental Indenture (Rosetta Resources Inc.)

Preferential Collection of Claims Against the Issuer. 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 Issuer and the Guarantors as obligors upon the Notes.

Appears in 10 contracts

Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)

Preferential Collection of Claims Against the Issuer. 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 7 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of Texas Holding, Inc.), Indenture (Mobile Mini Inc)

Preferential Collection of Claims Against the Issuer. The Trustee, in its capacity as Trustee is subject to 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 7 contracts

Samples: Indenture (Cardiac Science Inc), Indenture (Cardiac Science Inc), Merger Agreement (Salt Holdings Corp)

Preferential Collection of Claims Against the Issuer. 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 Issuer as obligors of the Notes.

Appears in 7 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Preferential Collection of Claims Against the Issuer. The Trustee, in its capacity as Trustee is subject to hereunder, 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 EIGHT DISCHARGE OF INDENTURE; DEFEASANCE

Appears in 6 contracts

Samples: Supplemental Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Preferential Collection of Claims Against the Issuer. 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 5 contracts

Samples: MPLX Operations LLC, MPLX Operations LLC, Global Security Agreement (Global Crossing LTD)

Preferential Collection of Claims Against the Issuer. 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 5 contracts

Samples: Indenture (Realogy Corp), Term Power Purchase Agreement (Ormat Technologies, Inc.), Pride International Inc

Preferential Collection of Claims Against the Issuer. 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 4 contracts

Samples: Indenture (Manitowoc Co Inc), Agreement and Plan of Merger (Watson Wyatt Worldwide, Inc.), Canwest Media Inc

Preferential Collection of Claims Against the Issuer. 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 4 contracts

Samples: Intercreditor Agreement (Saratoga Resources Inc /Tx), Interface Security Systems, L.L.C., Interface Security Systems Holdings Inc

Preferential Collection of Claims Against the Issuer. 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 4 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (CNX Resources Corp)

Preferential Collection of Claims Against the Issuer. 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 thereinherein.

Appears in 3 contracts

Samples: Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (CAESARS ENTERTAINMENT Corp)

Preferential Collection of Claims Against the Issuer. The Trustee is subject to shall comply with TIA § 311(a) (whether or not applicable by law), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) (whether or not applicable by law) to the extent indicated thereinindicated.

Appears in 3 contracts

Samples: Indenture (CPG Newco LLC), CPG Merger Sub (CPG Newco LLC), CPG Merger Sub (CPG Newco LLC)

Preferential Collection of Claims Against the Issuer. The Trustee, in its capacity as Trustee is subject to hereunder, 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 (PQ Systems INC), LCE AcquisitionSub, Inc., Warner Chilcott CORP

Preferential Collection of Claims Against the Issuer. 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. 104

Appears in 2 contracts

Samples: Indenture (Antero Resources LLC), Indenture (Antero Resources Finance Corp)

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

Appears in 2 contracts

Samples: Supplemental Indenture (PGT Innovations, Inc.), PGT Innovations, Inc.

Preferential Collection of Claims Against the Issuer. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who that has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE

Appears in 2 contracts

Samples: Indenture (Advanced Disposal Services, Inc.), Supplemental Indenture (Trestle Transport, Inc.)

Preferential Collection of Claims Against the Issuer. 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 2 contracts

Samples: Operation and Maintenance Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.)

Preferential Collection of Claims Against the Issuer. 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 2 contracts

Samples: Toll Brothers Inc, Toll Brothers Inc

Preferential Collection of Claims Against the Issuer. 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 1 contract

Samples: Insight Communications Co Inc

Preferential Collection of Claims Against the Issuer. 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: Usani LLC

Preferential Collection of Claims Against the Issuer. 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 1 contract

Samples: Corporacion Durango S.A .De C.V.

Preferential Collection of Claims Against the Issuer. 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.indicated. Limitation on Duty of Trustee in Respect of Collateral; Indemnification

Appears in 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

Preferential Collection of Claims Against the Issuer. 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.indicated

Appears in 1 contract

Samples: Indenture (Coronado Global Resources Inc.)

Preferential Collection of Claims Against the Issuer. 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 thereinindicated.

Appears in 1 contract

Samples: Senior Indenture (Mesa Inc)

Preferential Collection of Claims Against the Issuer. 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 Issuer and any other obligor of the Notes.

Appears in 1 contract

Samples: Caterair International Inc /Ii/

Preferential Collection of Claims Against the Issuer. 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.indicated. ARTICLE VIII DISCHARGE OF INDENTURE; DEFEASANCE SECTION 8.01

Appears in 1 contract

Samples: Indenture (Hexion Inc.)

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Preferential Collection of Claims Against the Issuer. The Trustee is subject to and shall comply with the provisions of 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: EQM Midstream Partners, LP

Preferential Collection of Claims Against the Issuer. 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: Mesa Inc

Preferential Collection of Claims Against the Issuer. 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. 118 Limitation on Duty of Trustee in Respect of Collateral; Indemnification .

Appears in 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

Preferential Collection of Claims Against the Issuer. The Trustee is and the Collateral Trustee are subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A An institution serving as Trustee or Collateral 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 Issuer, as obligor on the Notes. PANAVISION 12.5% SENIOR SECURED NOTES DUE 2009 INDENTURE 81

Appears in 1 contract

Samples: Indenture (Panavision Inc)

Preferential Collection of Claims Against the Issuer. 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 NINE

Appears in 1 contract

Samples: Indenture (Compton Petroleum Holdings CORP)

Preferential Collection of Claims Against the Issuer. 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. 110

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

Preferential Collection of Claims Against the Issuer. The Trustee is shall comply with Section 311(a) of the TIA, as if this Indenture and the rights and duties of the Trustee in respect hereof were subject to TIA § 311(a)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, as if this Indenture and the rights and duties of the Trustee in respect hereof were subject to the TIA, to the extent indicated thereinindicated.

Appears in 1 contract

Samples: Indenture (Quotient LTD)

Preferential Collection of Claims Against the Issuer. 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. 106

Appears in 1 contract

Samples: Indenture (Lone Pine Resources Inc.)

Preferential Collection of Claims Against the Issuer. The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A An institution serving as 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 Issuer, as obligor on the Notes.

Appears in 1 contract

Samples: Airtran Holdings Inc

Preferential Collection of Claims Against the Issuer. The Trustee is subject shall comply with TIA §311(a) as if TIA §311(a) were applicable to TIA § 311(a)this Indenture, 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 thereinas if it were applicable to this Indenture.

Appears in 1 contract

Samples: Joinder Agreement (SFX Entertainment, INC)

Preferential Collection of Claims Against the Issuer. 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 1 contract

Samples: Getty Images Inc

Preferential Collection of Claims Against the Issuer. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b3.11(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: Supplemental Indenture (LPL Investment Holdings Inc.)

Preferential Collection of Claims Against the Issuer. 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.indicated. 106

Appears in 1 contract

Samples: Supplemental Indenture (Rackspace Technology, Inc.)

Preferential Collection of Claims Against the Issuer. 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.

Appears in 1 contract

Samples: Harrahs Entertainment Inc

Preferential Collection of Claims Against the Issuer. 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 will be subject to TIA § 311(a) to the extent indicated therein.

Appears in 1 contract

Samples: Indenture (Leslie's, Inc.)

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

Appears in 1 contract

Samples: Indenture (Dan River Inc /Ga/)

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

Appears in 1 contract

Samples: GSL Corp

Preferential Collection of Claims Against the Issuer. 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 1 contract

Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)

Preferential Collection of Claims Against the Issuer. 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.. Indenture ---------

Appears in 1 contract

Samples: Global Security Agreement (Global Crossing LTD)

Preferential Collection of Claims Against the Issuer. 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.. Indenture

Appears in 1 contract

Samples: Intercreditor Agreement (Global Crossing LTD)

Preferential Collection of Claims Against the Issuer. 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(a311 (a) to the extent indicated thereinindicated.

Appears in 1 contract

Samples: Indenture (Crown Media Holdings Inc)

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

Appears in 1 contract

Samples: LBI Hf.

Preferential Collection of Claims Against the Issuer. The Trustee, in its capacity as Trustee is subject to 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 1 contract

Samples: Indenture (Nortek Inc)

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