Common use of Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights Clause in Contracts

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 11 contracts

Samples: Indenture (Aimco Properties Lp), Tia Indenture (Walt Disney Co/), Indenture (Apartment Investment & Management Co)

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Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7607.

Appears in 8 contracts

Samples: Mho, LLC, Wellcare Health Plans, Inc., M/I Homes of Alabama, LLC

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 4 contracts

Samples: Indenture (Anthem Inc), Indenture (Dura Pharmaceuticals Inc/Ca), Dura Pharmaceuticals Inc/Ca

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.6.

Appears in 3 contracts

Samples: Sun Healthcare Group Inc, Sun Healthcare Group Inc, Sun Healthcare Group Inc

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.77.6.

Appears in 3 contracts

Samples: Supplemental Indenture (Integrated Health Services Inc), Indenture (Integrated Health Services Inc), Integrated Health Services (Integrated Health Services Inc)

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.07 hereof.

Appears in 3 contracts

Samples: Indenture (St Paul Companies Inc /Mn/), St Paul Companies Inc /Mn/, St Paul Companies Inc /Mn/

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee or its agent or counsel under or pursuant to Section 7.79.7.

Appears in 2 contracts

Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Indebtedness or Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness or Guarantor Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.06.

Appears in 2 contracts

Samples: Indenture (Baytex Energy LTD), Indenture (Baytex Energy LTD)

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and and, subject to the requirements of the Trust Indenture Act, nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 2 contracts

Samples: Indenture (Boise Cascade Trust Iii), Boise Cascade Trust Iii

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.77.07.

Appears in 2 contracts

Samples: Exhibit T3c (Envirosource Inc), Indenture (Bergen Brunswig Corp)

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.5.

Appears in 2 contracts

Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII V with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in the Indenture or this First Supplemental Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII V shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.7 of the Indenture.

Appears in 2 contracts

Samples: Checkfree Holdings Corp \Ga\, Cd Radio Inc

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 2 contracts

Samples: Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc)

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Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee or any authenticating agent in its individual capacity shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 1 contract

Samples: Supplemental Indenture (Better Home & Finance Holding Co)

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.77.06 hereof.

Appears in 1 contract

Samples: Visteon Corp

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply subordinate to Senior Indebtedness the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 1 contract

Samples: Heico Corp

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7607 of the Indenture.

Appears in 1 contract

Samples: Wydiv Inc

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.6.

Appears in 1 contract

Samples: Supplemental Indenture (Integrated Health Services Inc)

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee or any authenticating agent in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness senior indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee or any authenticating agent of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.7.07. ARTICLE ELEVEN

Appears in 1 contract

Samples: Xl Capital LTD

Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Sixteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Sixteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.76.06.

Appears in 1 contract

Samples: Boston Properties LTD Partnership

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