Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 12 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), TransDigm Group INC
Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Holdings or any Guarantor as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 12 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), TransDigm Group INC
Trustee to Effectuate Subordination. Each A Holder by accepting its acceptance of a Note agrees to be bound by this Article 12 and authorizes and expressly directs the Trustee Trustee, on its behalf to execute such documentation and his behalf, to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Holdings Senior Debt of the Company Indebtedness as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 11 contracts
Samples: Indenture (Anywhere Real Estate Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company any Guarantor as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 9 contracts
Samples: Supplemental Indenture (Jarden Corp), Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 16 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 9 contracts
Samples: Registration Rights Agreement (Alliant Techsystems Inc), Indenture (On Semiconductor Corp), Registration Rights Agreement (Alliant Techsystems Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Samples: Supplemental Indenture (Jarden Corp), Indenture (Daramic, LLC), Indenture (Polypore International, Inc.)
Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Subsidiary Guarantor as provided in this Article 10 XV and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Samples: Indenture (VWR International, Inc.), Indenture (VWR International, Inc.), Indenture (Hertz Corp)
Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 XIV and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Samples: Indenture (VWR International, Inc.), Indenture (Hertz Corp), Indenture (VWR International, Inc.)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of each of the Company Subsidiary Guarantors as provided in this Article 10 18 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Samples: Indenture (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Subsidiary Guarantor as provided in this Article 10 11 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Samples: Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company Senior Subordinated Subsidiary Guarantor, including by entering into, and as provided in this Article 10 for in, the Intercreditor Deed and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Samples: Indenture (NTL Inc), NTL:Telewest LLC, Virgin Media Inc.
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Otelco (Otelco Inc.), Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Telecommunications LLC)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 11 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Jarden Corp, Jarden Corp, Execution Copy (Western Gas Resources Inc)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of each of the Company Note Guarantors as provided in this Article 10 18 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), On Semiconductor Corp
Trustee to Effectuate Subordination. Each Holder of Notes by accepting a Note such Holder’s acceptance thereof authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as between the Holders such Holder and the holders of Issuer Senior Debt of the Company Indebtedness or Guarantor Senior Indebtedness, as applicable, as provided in this Article 10 Section 2.16 and appoints the Trustee as its attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Brookfield BRP (Brookfield Renewable Corp), Brookfield Renewable Corp, Brookfield Renewable Partners L.P.
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 XII and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Indenture (Constar Inc), Indenture (Access Financial Solutions Inc), Indenture (Constar International Inc)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company any Subsidiary Guarantor as provided in this Article 10 Twelve and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Indenture (Sun Healthcare Group Inc), Leasehold Resource Group LLC, SHG Holding Solutions Inc
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 Ten and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Indenture (Sun Healthcare Group Inc), SHG Holding Solutions Inc, Leasehold Resource Group LLC
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and of the Noteholder to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes, including for the purpose of filing a claim in any proceedings of the nature referred to in Section 10.02.
Appears in 3 contracts
Samples: Indenture (Chesapeake Corp /Va/), Supplemental Indenture (Sybron Dental Specialties Inc), Indenture (Keystone Marketing Services Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of each of the Company Guarantors as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 13 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp), Supplemental Indenture (Whiting Petroleum Corp)
Trustee to Effectuate Subordination. Each Holder by accepting of a Note by its acceptance thereof authorizes and directs the Trustee Trustees on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 8 and appoints the Trustee as Trustees, and each of them, its attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor LTD
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of each of the Company Guarantors as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc), Indenture (Maxxim Medical Inc/Tx)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Indenture (Access Financial Solutions Inc), Indenture (Constar International Inc), Indenture (Constar Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 14 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Samples: Refinancing Agreement (Relocation Management Systems Inc), Us Office Products Co, Atlantic Health Group Inc
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Guarantors as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Supplemental Indenture (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Graphic Packaging Corp, Indenture (Purina Mills Inc)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its such Noteholder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company Issuer as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Restricted Subsidiary as provided in this Article 10 XII and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V)
Trustee to Effectuate Subordination. Each Holder Noteholder ----------------------------------- by accepting a Note authorizes and directs the Trustee on its such Noteholder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 XII and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Trustee to Effectuate Subordination. Each Holder by accepting of a Note by acceptance thereof authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 11 and appoints the Trustee as such Holder's attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Purchase Agreement (Kapson Senior Quarters Corp), Hybridon Inc
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.. Third Supplemental Indenture 66
Appears in 2 contracts
Samples: Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 13 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Alliant Techsystems Inc), First Supplemental Indenture (Alliant Techsystems Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Iusacell S a De C V)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company any Guarantor as provided in this Article 10 13 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Jarden Corp, Jarden Corp
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company lenders under Revolver Obligations as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Memc Electronic Materials Inc), Pledge Agreement (Memc Electronic Materials Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.. 66
Appears in 2 contracts
Samples: Indenture (Denbury Resources Inc), Indenture (Encore Acquisition Co)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of each of the Company Subsidiary Guarantors as provided in this Article 10 5 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Alliant Techsystems Inc), First Supplemental Indenture (Alliant Techsystems Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Celestica Inc), Celestica Inc
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company any Guarantor as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)
Trustee to Effectuate Subordination. Each Holder of the Notes by accepting a Note such Holder’s acceptance authorizes and directs the Trustee on its in such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as between the Holders such Holder and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as its attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: First Supplemental Indenture (Synovus Financial Corp), Supplemental Indenture (LegacyTexas Financial Group, Inc.)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 8 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Guarantor Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 15 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Refinancing Agreement (Relocation Management Systems Inc), Us Office Products Co
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 15 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Headwaters Incorporated (Headwaters Inc), Indenture (Alliant Techsystems Inc)
Trustee to Effectuate Subordination. Each Holder of a Management Note by accepting a Note such Holder's acceptance thereof authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 12 and appoints the Trustee as such Holder's attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Trustee to Effectuate Subordination. Each Holder of Notes by accepting a Note such Holder’s acceptance thereof authorizes and directs the Trustee on its behalf to execute such documentation and Holder’s behalf, if so directed by the Company, to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 12 and appoints the Trustee as such Holder’s attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Symetra Financial CORP), Indenture (Symetra Financial CORP)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Issuers as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Supplemental Indenture (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of lenders under the Company Revolver Obligations as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)
Trustee to Effectuate Subordination. Each Holder of a Senior Note by accepting a Note his, her or its acceptance thereof authorizes and directs the Trustee on his, her or its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 XII and appoints the Trustee as his, her or its attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Comstock Homebuilding Companies, Inc.)
Trustee to Effectuate Subordination. Each Holder of Notes by accepting a Note such Holder’s acceptance authorizes and directs the Trustee on its in such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as between the Holders such Holder and the holders of Senior Debt of the Company as provided in this Article 10 4 and appoints the Trustee as its attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Samples: Supplemental Indenture (BofI Holding, Inc.), Supplemental Indenture (BofI Holding, Inc.)
Trustee to Effectuate Subordination. Each Holder of Notes by accepting a Note such Holder's acceptance thereof authorizes and directs the Trustee on its such Xxxxxr's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate xx xxfectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 11 and appoints the Trustee as such Holder's attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Indebtedness as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Pilgrims Pride Corp
Trustee to Effectuate Subordination. Each Holder Noteholder ----------------------------------- by accepting a Note authorizes and directs the Trustee on its such Noteholder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of such Senior Debt Indebtedness of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: BGF Industries Inc
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and of the Holder to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes, including for the purpose of filing a claim in any proceedings of the nature referred to in Section 14.2.
Appears in 1 contract
Samples: DPC Products, Inc.
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and of the Holder to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes, including for the purpose of filing a claim in any proceedings of the nature referred to in Section 11.02.
Appears in 1 contract
Samples: Merger (Spansion Inc.)
Trustee to Effectuate Subordination. Each Holder by accepting of a Note by his acceptance thereof authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 9 and appoints the Trustee as his attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Sanmina-Sci Corp
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company any Guarantor as provided in this Article 10 14 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Jarden Corp)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Holder and the holders of Senior Debt of the Company Guarantor or Additional Guarantors as provided in Article XI and this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposesXII.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Designated Senior Debt of the Company as provided in this Article 10 XIII and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: William Lyon Homes
Trustee to Effectuate Subordination. Each Holder of Notes by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders of Notes and the holders of Senior Debt of the Company as provided in this Article 10 X and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company Issuers as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 Fourteen and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Sanmina-Sci Corp)
Trustee to Effectuate Subordination. Each Holder Noteholder ----------------------------------- by accepting a Note authorizes and directs the Trustee on its such Noteholder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 XII and appoints ----------- the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 XIV and appoints the Trustee as attorney-in-attorney in fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by ----------------------------------- accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 14 and appoints the Trustee as attorney-attorney- ---------- in-fact for any and all such purposes.
Appears in 1 contract
Samples: Dynatech Corp
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders of Notes and the holders of Senior Debt of the Company as provided in this Article 10 XIV and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: First Supplemental Indenture (DCP Midstream Partners, LP)
Trustee to Effectuate Subordination. Each Holder of a Note, by accepting a Note his or her acceptance thereof, authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as his attorney-in-fact for any and all such purposes.
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Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 15 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Graphic Packaging Corp)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Creditors as provided in this Article 10 XIII and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Hersha Hospitality Trust)
Trustee to Effectuate Subordination. Each A Holder by accepting its acceptance of a Note agrees to be bound by this Section 9.08 and authorizes and expressly directs the Trustee Trustee, on its behalf to execute such documentation and his behalf, to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Holdings Senior Debt of the Company Indebtedness as provided in this Article 10 Section 9.08 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Realogy Group LLC
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Wesco International Inc
Trustee to Effectuate Subordination. Each Holder Noteholder ----------------------------------- by accepting a Note authorizes and 100 directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company any Subsidiary Guarantor as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Iron Age Corp
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company Senior Subordinated Subsidiary Guarantors, including by entering into, and as provided in this Article 10 for in, the Intercreditor Deed and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Virgin Media Inc.)
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its such Noteholder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Galey & Lord Inc)
Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its such Holder’s behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 14 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Graphic Packaging Corp)
Trustee to Effectuate Subordination. Each Holder by accepting a Senior Subordinated Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Issuers as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: VHS of Anaheim Inc
Trustee to Effectuate Subordination. Each Holder by accepting of a Note by its acceptance thereof authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 16 and appoints the Trustee as its attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Issuer as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: TransDigm Group INC
Trustee to Effectuate Subordination. Each Holder of a Senior Note by accepting a Note his, her or its acceptance thereof authorizes and directs the Trustee on his, her or its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 XII and appoints the Trustee as its attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of each of the Company Guarantors as provided in this Article 10 11 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (American Seafoods Corp)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Guarantor Senior Debt Indebtedness of each of the Company Guarantors as provided in this Article 10 11 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his or her behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company Holdings as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Wesco International Inc
Trustee to Effectuate Subordination. Each Holder holder of ----------------------------------- Notes by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders holders of Notes and the holders of Senior Debt of the Company Credit Facility Guarantees as provided in this Article 10 13 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company a Guarantor as provided in this Article 10 XII and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Graphic Packaging Corp
Trustee to Effectuate Subordination. Each Holder Noteholder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Galey & Lord Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 Eleven and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Applied Power Inc
Trustee to Effectuate Subordination. Each Holder holder of Notes by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders holders of Notes and the holders of Senior Debt of the Company Credit Facility Guarantee as provided in this Article 10 13 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Indenture (Bradlees Stores Inc)
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Holder and the holders of Senior Debt of the Company Indebtedness as provided in this Article 10 Ten and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: STC Broadcasting Inc
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Holder and the holders of Senior Debt of the Company as provided in this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposes.X.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting of a Note by his, her or its acceptance thereof authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or and effectuate the subordination between the Holders and the holders of Senior Debt of the Company as provided in this Article 10 11 and appoints the Trustee as his attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Holder and the holders of Note Guarantor Senior Debt of the Company Indebtedness and Holdings Senior Indebtedness as provided in Article X and this Article 10 and appoints the Trustee as attorney-in-fact for any and all such purposesXI.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder Noteholder ----------------------------------- by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 and appoints the Trustee as attorney-attorney- in-fact for any and all such purposes.
Appears in 1 contract
Samples: Iron Age Corp
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Guarantor as provided in this Article 10 13 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Pilgrims Pride Corp
Trustee to Effectuate Subordination. Each Holder Subordinated Creditor by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders Noteholders and the holders of Designated Senior Debt of the Company any Subordinated Subsidiary Guarantor as provided in this Article 10 Eleven and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Bellingham II Associates, L.L.C.
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company any Note Guarantor as provided in this Article 10 15 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: Dirsamex Sa De Cv
Trustee to Effectuate Subordination. Each Holder Holder, by accepting a Note Note, authorizes and directs the Trustee on its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of Holdings, the Company or any Guarantor as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: TransDigm Group INC
Trustee to Effectuate Subordination. Each Holder by accepting a Senior Subordinated Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company a Guarantor as provided in this Article 10 11 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Samples: VHS of Anaheim Inc
Trustee to Effectuate Subordination. Each Holder by ----------------------------------- accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company Issuers as provided in this Article 10 14 and appoints the Trustee as attorney-attorney- ---------- in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by accepting a Note authorizes and directs the Trustee on its his behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of the Company Parent Credit Facility Obligations as provided in this Article 10 12 and appoints the Trustee as attorney-in-fact for any and all such purposes.
Appears in 1 contract
Trustee to Effectuate Subordination. Each Holder by ----------------------------------- accepting a Note authorizes and directs the Trustee on its such Holder's behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt Indebtedness of the Company as provided in this Article 10 14 and appoints the Trustee as ---------- attorney-in-fact for any and all such purposes.
Appears in 1 contract