Common use of Trust Indenture Act Controls Clause in Contracts

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 77 contracts

Sources: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 29 contracts

Sources: Indenture (MTS Inc), Indenture (Carrols Corp), Indenture (Hermes Europe Railtel B V)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 17 contracts

Sources: Indenture (1295728 Alberta ULC), Indenture (Imc Global Inc), Indenture (Intertape Woven Products Services S.A. De C.V.)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 12 contracts

Sources: Indenture (St John Knits Inc), Indenture (Metris Companies Inc), Indenture (Triton PCS Inc)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision which is required to be included in this Supplemental Indenture by the TIA, the required provision shall control. If any provision of this Supplemental Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Supplemental Indenture as so modified. If any provision of this Supplemental Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Supplemental Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 12 contracts

Sources: Supplemental Indenture (Mosaic Crop Nutrition, LLC), Supplemental Indenture, Supplemental Indenture (Mosaic Crop Nutrition, LLC)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 ss.s▇. ▇▇0 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 9 contracts

Sources: Indenture (Digital Television Services of Kansas LLC), Indenture (Aas Capital Corp), Indenture (West Texas & Lubbock Railroad Co Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ▇▇.▇▇. 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 8 contracts

Sources: Indenture (Manischewitz B Co LLC), Indenture (United Auto Group Inc), Indenture (Tekni Plex Inc)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ▇▇.▇▇. 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 5 contracts

Sources: Indenture (Crown Holdings Inc), Indenture (Imc Global Inc), Indenture (Imc Global Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 5 contracts

Sources: Indenture (Lin Tv Corp.), Indenture (Lin Tv Corp), Indenture (Nbty Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in this Indenture by a part of any indenture subject to the TIA, the required provision shall control. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 4 contracts

Sources: Indenture (Scot Inc), Indenture (Leap Wireless International Inc), Senior Subordinated Indenture (Pasta Group L L C)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions provision of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 4 contracts

Sources: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of North Carolina, Inc.), Indenture (Mobile Mini Inc)

Trust Indenture Act Controls. If any provision of this the Indenture limits, qualifies or conflicts with another provision which is required to be included in this the Indenture by the TIA, the required provision shall control. If any provision of this the Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this the Indenture as so modified. If any provision of this the Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this the Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this the Indenture) are a part of and govern this the Indenture, whether or not physically contained herein.

Appears in 3 contracts

Sources: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture In- denture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Polymer Group Inc), Indenture (Fabrene Group Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Section Section 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Hermes Europe Railtel B V), Indenture (Comcast Cellular Holdings Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. , If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 'SS''SS' 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (General Chemical Group Inc), Indenture (Gentek Inc)

Trust Indenture Act Controls. (a) 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. . (b) The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (LYON EAST GARRISON Co I, LLC), Indenture (Idleaire Technologies Corp)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Keystone Automotive Operations Inc), Indenture (Keystone Automotive Operations Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 ss.ss.310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Black Creek Management LLC), Indenture (Rab Enterprises Inc)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ §310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Language Line Holdings, Inc.), Indenture (Seneca Erie Gaming Corp)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Section 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Team Health Inc), Indenture (Emergency Medical Services CORP)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision provi- sion that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded ex- cluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 2 contracts

Sources: Indenture (Newport News Shipbuilding Inc), Indenture (Newport News Shipbuilding Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of the TIA that are required to be a part of this Indenture limitsor are incorporated into this Indenture, qualifies or conflicts with another provision which is required and shall, to the extent applicable, be included in this Indenture governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ▇▇.▇▇. 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Brand Scaffold Services Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture In- denture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 ss.s▇. ▇▇0 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (WTNH Broadcasting Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions, of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ss.ss. 310 through 317 that impose duties on any Person (including the provisions ▇▇▇ ▇rovisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Fedders Corp /De)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ss.ss. 310 through 317 that impose duties on any Person (including i▇▇▇▇▇ing the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Crown Holdings Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, 44 such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Hermes Europe Railtel B V)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of the TIA that are required to be a part of this Indenture limitsand shall, qualifies or conflicts with another provision which is required to the extent applicable, be included in this Indenture governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Triton PCS Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Tci Satellite Entertainment Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) 113 -105- are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Dolco Packaging Corp /De/)

Trust Indenture Act Controls. If any provision This Indenture is subject to ---------------------------- the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Section 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Just for Feet Specialty Stores Inc)

Trust Indenture Act Controls. If Except as otherwise specified herein, 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Sears Holdings Corp)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in this Indenture by a part of any indenture subject to the TIA, the required provision shall control. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Section 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Falcon Products Inc /De/)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (FMC Corp)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ss. 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Rayovac Corp)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Oglebay Norton Co /New/)

Trust Indenture Act Controls. If Except as otherwise specified herein, 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. This Section 13.01 shall apply solely at any time at which this Indenture is required pursuant to the TIA to be qualified under the TIA.

Appears in 1 contract

Sources: Indenture (Sears Holdings Corp)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision provisions of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ ▇▇.▇▇. 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (MMH Holdings Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. .The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Graham Packaging Holdings Co)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any 109 -102- provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Frontiervision Capital Corp)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through to and including 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Ashton Woods USA L.L.C.)

Trust Indenture Act 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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ Sections 310 through to and including 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Ashton Houston Residential L.L.C.)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture In- denture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ (S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Tci Satellite Entertainment Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ SectionSection 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Metris Direct Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indentureindenture, whether or not physically contained herein.

Appears in 1 contract

Sources: Indenture (Euramax International PLC)