Common use of Authorization to Effect Subordination Clause in Contracts

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative of Designated Senior Debt of the Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of Notes.

Appears in 3 contracts

Samples: Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc, Baker J Inc

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Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representatives of Designated the Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 3 contracts

Samples: Supplemental Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Supplemental Indenture (Iron Mountain Inc /De)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10XII, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.4 hereof at least 30 days before the expiration of the time to file such claim, a representative Representative of Designated Senior Debt of the Company Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders of Notesthe Notes and the Trustee shall have no liability therefor.

Appears in 2 contracts

Samples: Indenture (Mmi Products Inc), Tia Indenture (Mmi Products Inc)

Authorization to Effect Subordination. Each Holder of a Note the Notes by the Holder's acceptance thereof authorizes and directs the Trustee on such HolderXxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1013, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative of Designated the Representatives or any lender under the Senior Debt of the Company Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of Notesthe Notes and the related Guarantees.

Appears in 2 contracts

Samples: Credit Agreement (Iamgold Corp), Ninth Amending Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of a Note Noteholder, by the Holder's ’s acceptance thereof thereof, authorizes and directs the Trustee on such Holder's Xxxxxx’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's Xxxxxx’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the holders of any Designated Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of NotesNoteholders.

Appears in 2 contracts

Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such the Holder's ’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file of such claim, a representative the Representatives of the Designated Senior Debt of Debt, including the Company is Credit Agent, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative of Designated Senior Debt of the Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of Notes.. SATISFACTION AND DISCHARGE

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, IV and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 7.2 hereof at least 30 days before the expiration of the time to file such claim, a representative the holders of Designated any Senior Debt Indebtedness of the Company is or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: HNC Software Inc/De

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1010A, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.4 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representatives of Designated the holders of the Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Horseshoe Gaming LLC

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative of Designated Senior Debt of the Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Duane Reade Inc

Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representative(s) of Designated Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Oshkosh Truck Corp)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative either the Representative or the holders of Designated the Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Air Rental Supply Inc)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.9 hereof at least 30 days before the expiration of the time to file such claim, a representative Representative of Designated Senior Debt of the Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Synthetic Industries Inc

Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representatives of the Designated Senior Debt of Debt, including debt under the Company is Senior Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Prime Medical Services Inc /Tx/)

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Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representatives of the Designated Senior Debt of Debt, including debt under the Company is Senior Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Prime Medical Services Inc /Tx/)

Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representatives of Designated Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Pacific Environmental Group Inc /Pa)

Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such HolderXxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such HolderXxxxxx's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representative(s) of Designated Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Luiginos Inc)

Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such HolderXxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 105, and appoints the Trustee to act as such HolderXxxxxx's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 8.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the holders of any Designated Senior Debt of the Company is Indebtedness are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Emcore Corp

Authorization to Effect Subordination. Each Holder of a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's ’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative of Designated Senior Debt of the Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of Notes.

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file of such claim, a representative the Representatives of the Designated Senior Debt of Debt, including debt under the Company is Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Timco Engine Center Inc

Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such HolderXxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such HolderXxxxxx's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative the Representative of the Designated Senior Debt of the Company is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Appears in 1 contract

Samples: Indenture (Mail Well Inc)

Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such the Holder's behalf to take such action as may be necessary or appropriate to acknowledge and effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as such the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, a representative Representative of Designated Senior Debt of the Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of Notesand the Trustee shall have no liability therefor.

Appears in 1 contract

Samples: Twi Holdings Inc

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