Common use of Rights of Trustee and Paying Agent Clause in Contracts

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note Guarantee, unless the Trustee shall have received at its Corporate Trust Office at least three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor or a Representative may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Musicland Stores Corp, Musicland Group Inc /De

AutoNDA by SimpleDocs

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 Thirteen or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeSecurities, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee Securities to violate this Article, which notice shall specifically refer to this Article 12Thirteen. Only the Company, the Guarantor or a Representative representative may give the notice. Nothing in this Article 12 Thirteen shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 6.9 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Cihc Inc, Cihc Inc

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 10 or any other provision of this Indenture, the Trustee shall will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note Guaranteeand Guaranties, unless a Responsible Officer of the Trustee shall have has received at its Corporate Trust Office at least three two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee and Guaranties to violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 shall 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Letter Agreement (Pinnacle Entertainment Inc), Letter Agreement (Casino One Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or and the Note GuaranteeSubsidiary Guarantees, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor Subsidiary Guarantors or a Representative may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of any Subsidiary Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Prime Medical Services Inc /Tx/), Sun Medical Technologies Inc /Ca/

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 Twelve or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note any Subsidiary Guarantee to violate this Article, which notice shall specifically refer to this Article 12Twelve. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 Twelve shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of any Subsidiary Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Esterline Technologies Corp, Indenture (Armor Holdings Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 Section 7 or any other provision of this Subsidiary Guarantee or the Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 12Section 7. Only the Company, the Subsidiary Guarantor or a Representative representative may give the notice. Nothing in this Article 12 Section 7 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.7 of the Indenture. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of the Subsidiary Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Houston Exploration Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeSubsidiary Guarantees, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee to Subsidiary Guarantees would violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor Guaranteeing Subsidiaries or a Representative may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture Assumption Agreement (Advanced Medical Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeSenior Subordinated Notes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment payment, written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Subsidiary Guarantee to violate this Article, which notice shall specifically refer to this Article 1211. Only the Company, the a Guarantor or a Representative may give the notice. Nothing in this Article 12 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The With respect to any Guarantor, the Trustee in its individual or any other capacity may hold Guarantor Senior Debt of such Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Key Plastics Inc

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 ARTICLE 14 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 12ARTICLE 14. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 ARTICLE 14 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 SECTION 707 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any The Registrar and any co-registrar and the Paying Agent may do the same with like rights. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to SECTION 707.

Appears in 1 contract

Samples: Iesi Tx Corp

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeSubsidiary Guarantees, unless the Trustee shall have received at its Corporate Trust Office at least three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee Subsidiary Guarantees to violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor Subsidiary Guarantors or a Representative may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Jitney Jungle Stores of America Inc /Mi/)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless a Responsible Officer of the Trustee shall have received at its Corporate Trust Office at least three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 12. Only the CompanyGuarantors, the Guarantor a Representative or a Representative holder of Guarantor Senior Debt may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Axiohm Transaction Solutions Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 Twelve or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note any Subsidiary Guarantee to violate this Article, which notice shall specifically refer to this Article 12Twelve. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 Twelve shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of any Subsidiary Guarantor or of the Company with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (O Charleys Inc)

AutoNDA by SimpleDocs

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 13 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeGuarantees, unless the Trustee shall have received at its Corporate Trust Office at least three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee Guarantees to violate this Article, which notice shall specifically refer to this Article 1213. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 13 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 5.8 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of the Guarantors with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. Nothing in this Article 13 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 5.8.

Appears in 1 contract

Samples: L 3 Communications Holdings Inc

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 10 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee 77 79 and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 1210. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness or Guarantor Senior Debt Indebtedness, as applicable, with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Precision Engine Products Corp

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 Section 7 or any other provision of this Subsidiary Guarantee or the Indenture, the Trustee shall not be charged with knowledge of the existence of 183 any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 12Section 7. Only the Company, the Subsidiary Guarantor or a Representative representative may give the notice. Nothing in this Article 12 Section 7 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.7 of the Indenture. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of the Subsidiary Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Houston Exploration Co

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or Guarantees of the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Guarantees of the Notes or the Note Guarantee to would violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor Guarantors or a Representative may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of the Guarantors with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Supplemental Indenture (Dyersburg Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 Twelve or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note any Subsidiary Guarantee to violate this Article, which notice shall specifically refer to this Article 12Twelve. Only the Company, the Guarantor Company or a Representative may give the notice. Nothing in this Article 12 Twelve shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other section hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of any Subsidiary Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Science Craftsman INC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeSubsidiary Guarantees, unless the Trustee shall have received at its Corporate Trust Office at least three five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes or the Note Guarantee Subsidiary Guarantees to violate this Article, which notice shall specifically refer to this Article 12. Only the Company, the Guarantor Guarantors or a Representative may give the notice. Nothing in this Article 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt of any Guarantor with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Timco Engine Center Inc

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 12 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes or the Note GuaranteeNotes, unless a Responsible Officer of the Trustee shall have received at its Corporate Trust Office at least three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article 1211. Only the Company, the Guarantor Company or a Representative representative of the holders of Designated Senior Indebtedness may give the notice. Nothing in this Article 12 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.06. The Trustee in its individual or any other capacity may hold Guarantor Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.