Common use of Authorization to Effect Subordination Clause in Contracts

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 and appoints the Trustee to act as 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 5.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 16 contracts

Samples: Indenture (Veritas Software Corp /De/), Indenture (Rf Micro Devices Inc), Indenture (Symantec Corp)

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Authorization to Effect Subordination. Each Holder of a Security by the Holder's holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII and appoints the Trustee to act as the Holder's 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 5.3 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 12 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.), Mercantile Bank Corp

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII and appoints the Trustee to act as 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 5.3 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 5 contracts

Samples: Kramont Realty Trust, Gray Communications Systems Inc /Ga/, Celgene Corp /De/

Authorization to Effect Subordination. Each Holder holder of a Security by the Holder's such holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 9, and appoints the Trustee to act as the Holder's 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 5.3 hereof 7.09 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 5 contracts

Samples: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Komag Inc /De/)

Authorization to Effect Subordination. Each Holder of a Security by the Holderholder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII and appoints the Trustee to act as the Holderholder'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 5.3 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 5 contracts

Samples: Atrix Laboratories Inc, Geron Corporation, Aviron

Authorization to Effect Subordination. Each Holder of a Security by the Holderholder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 15 and appoints the Trustee to act as the Holderholder'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 5.3 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 5 contracts

Samples: Sigma Designs Inc, Cell Genesys Inc, Cell Genesys Inc

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 V and appoints the Trustee to act as 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 5.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Samples: Indenture (Ask Jeeves Inc), Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International

Authorization to Effect Subordination. Each Holder of a Security by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 X and appoints the Trustee to act as 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 5.3 10.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Samples: Trinity Industries Inc, Indenture (Trinity Industries Inc), Trinity Industries Inc

Authorization to Effect Subordination. Each Holder of a Security by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 and appoints the Trustee to act as 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 5.3 5.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Samples: Indenture (Verisign Inc/Ca), Indenture (Xilinx Inc), Indenture (Intel Corp)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 Thirteen and appoints the Trustee to act as 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 5.3 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness of the Company or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Samples: Indenture (Veritas Software Corp), Indenture (Cypress Semiconductor Corp /De/), Indenture (Orbital Sciences Corp /De/)

Authorization to Effect Subordination. Each Holder of a Security by the such Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 14, and appoints the Trustee to act as 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 5.3 hereof 8.05 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 15 and appoints the Trustee to act as the Holder's 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 5.3 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 3 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII and appoints the Trustee to act as the Holder's 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 Debt in the form required in any proceeding referred to in Section 5.3 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 3 contracts

Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII and appoints the Trustee to act as the Holder's 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 5.3 hereof 6.3 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 3 contracts

Samples: China Natural Resources Inc, GTT Communications, Inc., Fusion Telecommunications International Inc

Authorization to Effect Subordination. Each Holder holder of a Security by the Holderholder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XI, and appoints the Trustee to act as the Holderholder'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 5.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 2 contracts

Samples: Indenture (Amkor International Holdings, LLC), Amkor Technology Inc

Authorization to Effect Subordination. Each Holder holder of a Security by the Holderholder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 IV and appoints the Trustee to act as the Holderholder'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 the third paragraph of Section 5.3 7.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 11 and appoints the Trustee to act as 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 5.3 11.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 2 contracts

Samples: Indenture (Kaydon Corp), Indenture (Kaydon Corp)

Authorization to Effect Subordination. Each Holder holder of a Security by the Holderholder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XIII, and appoints the Trustee to act as the Holderholder'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 5.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 2 contracts

Samples: Amkor Technology Inc, Amkor International Holdings, LLC

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 Thirteen and appoints the Trustee to act as 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 5.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Baan Co N V

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XIV, and appoints the Trustee to act as 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 5.3 5.4 hereof at least 30 ten days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or and their representatives Representatives, are hereby authorized (but in no way obligated) to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Supplemental Indenture (KCS Energy Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 11, and appoints the Trustee to act as the Holder's 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 5.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: School Specialty Inc

Authorization to Effect Subordination. Each Holder holder of a Security by the Holdersuch holder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 V, and appoints the Trustee to act as the Holderholder'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 5.3 hereof 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Samples: Pharmaceutical Resources Inc

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 and appoints the Trustee to act as 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 5.3 503 hereof at least 30 days before the expiration of the time to file such claim, the holders of any 77 Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc)

Authorization to Effect Subordination. Each Holder of a Security Securities, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XIV, and appoints the Trustee to act as the 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 5.3 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Debt Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Bowne & Co Inc

Authorization to Effect Subordination. Each Holder holder of a Security by the Holdersuch holder's acceptance thereof authorizes and directs the Trustee on the Holderholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII, and appoints the Trustee to act as the Holderholder'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 5.3 hereof 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Authorization to Effect Subordination. Each Holder holder of a Security by the Holder's holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 X and appoints the Trustee to act as the Holder's 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 5.3 5.4 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Samples: Indenture (Genta Inc De/)

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Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 6 and appoints the Trustee to act as 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 5.3 6.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Polymedica Corp

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XIV, and appoints the Trustee to act as 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 5.3 5.4 hereof at least 30 ten days before the expiration of the time to file such claim, the holders of any a Representative or each lender under, or holder of, Senior Indebtedness or their representatives are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (KCS Medallion Resources Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 13 and appoints the Trustee to act as 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 5.3 5.04 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Veritas Software Corp

Authorization to Effect Subordination. Each Holder by the Holder’s acceptance of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 10 and appoints the Trustee to act as 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 5.3 8.09 hereof at least 30 calendar days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the SecuritiesHolders.

Appears in 1 contract

Samples: Indenture (Evergreen Energy Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XI, and appoints the Trustee to act as 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 5.3 SECTION 6.9 hereof at least 30 days before the expiration of the time to file such claim, the holders Holders of any Senior Designated Secured Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (Charys Holding Co Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the Holder's such holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 [___], and appoints the Trustee to act as the Holder's 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 5.3 hereof [___] at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Samples: Supplemental Indenture (Evergreen Solar Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 IV and appoints the Trustee to act as 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 5.3 4.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Parent Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Supplemental Indenture (Fair Isaac & Company Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 4 and appoints the Trustee to act as 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 5.3 4.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: CBIZ, Inc.

Authorization to Effect Subordination. Each Holder of a Security by the such Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 ARTICLE XIII, and appoints the Trustee to act as 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 5.3 hereof 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (CTS Corp)

Authorization to Effect Subordination. Each Holder holder of a Security by the Holder's such holder’s acceptance thereof authorizes and directs the Trustee on the Holder's holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 [__], and appoints the Trustee to act as the Holder's 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 5.3 hereof [__] at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Samples: Indenture (Evergreen Solar Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 Fourteen and appoints the Trustee to act as 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 5.3 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness of the Guarantor or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Atmel Corp

Authorization to Effect Subordination. Each Holder of a Security by the Holder's Hxxxxx’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 XII and appoints the Trustee to act as 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 5.3 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (United Community Banks Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 and appoints the Trustee to act as 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 5.3 5.04 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Ventro Corp

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 12 and appoints the Trustee to act as 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 5.3 12.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (Genesco Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 9 and appoints the Trustee to act as 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 5.3 9.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Acceptance Corporation (World Acceptance Corp)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 and appoints the Trustee to act as 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 5.3 5.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (Penney J C Co Inc)

Authorization to Effect Subordination. Each Holder of a Security by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 5 11 and appoints the Trustee to act as 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 5.3 11.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Netease Com Inc

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