Common use of TIA Controls Clause in Contracts

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 23 contracts

Samples: Indenture (Chaparral Energy, Inc.), Indenture (LNR Property Corp), Indenture (Chaparral Energy, Inc.)

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TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 11.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 15 contracts

Samples: Indenture (Phibro Animal Health Corp), Indenture (Penhall Co), Indenture (National Vision Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 10.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 14 contracts

Samples: Williams Scotsman (Williams Scotsman Inc), Standard Commercial Corp, Indenture (XCL LTD)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; providedPROVIDED, howeverHOWEVER, that this Section 11.1 11.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 3 contracts

Samples: Financing and Security Agreement (Kimberton Enterprises Inc), Town Sports International Inc, Power Ten

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; providedPROVIDED, howeverHOWEVER, that this Section 11.1 10.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 3 contracts

Samples: Indenture (Abraxas Petroleum Corp), Williams Scotsman of Canada Inc, Cellnet Data Systems Inc

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 12.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 3 contracts

Samples: Intercreditor Agreement (GMX Resources Inc), First Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; providedPROVIDED, howeverHOWEVER, that this Section 11.1 10.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 2 contracts

Samples: Indenture (Roadhouse Grill Inc), Indenture (Roadhouse Grill Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 13.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 2 contracts

Samples: Indenture (Kinetic Concepts Inc /Tx/), Sickinger Co

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 11.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are 84 92 required by the TIA to be so qualified.

Appears in 1 contract

Samples: 3003969 Nova Scotia LTD

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 -------- ------- 10.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Indenture (California Steel Industries Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 -------- ------- 11.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: T Sf Communications Corp

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 shall -77- 84 not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: LNR Property Corp

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; providedPROVIDED, howeverHOWEVER, that this Section 11.1 12.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Hutchinson Products Corp

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 shall not . If any provision of itself require that this Indenture modifies or the Trustee be qualified under excludes any provision of the TIA that may be so modified or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior excluded, the latter provision shall be deemed to the time apply to this Indenture and as so modified or excluded, as the Trustee are required by the TIA to be so qualifiedcase may be. SECTION 11.02.

Appears in 1 contract

Samples: Universal Hospital Services Inc

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TIA Controls. If any provision of this Indenture or any Guarantee limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Lennar Corp /New/

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 11.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required re- 124 - 116 - quired prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Kci New Technologies Inc

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; providedPROVIDED, howeverHOWEVER, that this Section SECTION 11.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: LNR Property Corp

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control; provided, however, that this Section 11.1 13.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified. Section 13.02.

Appears in 1 contract

Samples: Sitel Corp

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision to be included by the TIA shall control; providedPROVIDED, howeverHOWEVER, that this Section 11.1 12.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment acknowledgement by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Registration Rights Agreement (CSS Trade Names Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision to be included by the TIA shall control; provided, however, that this Section 11.1 13.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment acknowledgement by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Article Twelve (Discovery Zone Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision to be included by the TIA shall control; providedPROVIDED, howeverHOWEVER, that this Section 11.1 13.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment acknowledgement by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Article Twelve (Discovery Zone Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision to be included by the TIA shall control; provided, however, that this Section 11.1 12.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Registration Rights Agreement (New World Restaurant Group Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision to be included by the TIA shall control; provided, however, that this Section 11.1 13.01 shall not of itself require that this Indenture or the Trustee be qualified under the TIA or constitute any admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture and the Trustee are required by the TIA to be so qualified.

Appears in 1 contract

Samples: Registration Rights Agreement (New World Coffee Manhattan Bagel Inc)

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