Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 73 contracts
Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Verastem, Inc.)
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under such Act to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 37 contracts
Samples: Indenture (Mobile Mini Inc), CIFC Corp., Indenture (Mobile Mini Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 28 contracts
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Semble, Inc.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required or deemed to be included in this Indenture by the TIA, the such required or deemed provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 25 contracts
Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Master Agreement (Zuora Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 24 contracts
Samples: Indenture (BWX Technologies, Inc.), Supplemental Indenture (Engility Holdings, Inc.), BWX Technologies, Inc.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIATIA or the TIA as amended after the date hereof, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 23 contracts
Samples: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group), Indenture (Toll Brothers Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision provisions shall control. If The provisions of TIA Sections 310 through 317 that impose duties on any provision Person (including the provisions automatically deemed included herein unless expressly excluded by this Indenture) are a part of and govern this Indenture modifies Indenture, whether or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may benot physically contained herein.
Appears in 13 contracts
Samples: Indenture (Alternative Living Services Inc), Indenture (Rent Way Inc), Indenture (Health & Retirement Properties Trust)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 7 contracts
Samples: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Fossil Group, Inc.), Ingersoll Rand Inc.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which that is required or deemed to be included in this Indenture by the TIA, the such required or deemed provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 7 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision which that is required to be included in this Supplemental Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may becontrol.
Appears in 5 contracts
Samples: Supplemental Indenture (Kennedy-Wilson Holdings, Inc.), Indenture (Kennedy-Wilson Holdings, Inc.), Indenture (Kennedy-Wilson Holdings, Inc.)
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies qualifies, or conflicts with another provision which is required or deemed to be included in this the Indenture by the TIA, the such required or deemed provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA which TIA, that may be so modified or excluded, the latter provision of the TIA shall be deemed to apply to this the Indenture as so modified or to shall be excluded, as the case may be.
Appears in 5 contracts
Samples: Supplemental Indenture (Coterra Energy Inc.), First Supplemental Indenture (Coterra Energy Inc.), Second Supplemental Indenture (Cimarex Energy Co)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another a provision which of the TIA that is required under the TIA to be included in a part of and govern this Indenture by the TIAIndenture, the such required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision of the TIA shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 5 contracts
Samples: Indenture (Orbital Imaging Corp), Orbital Imaging Corp, Orbital Imaging Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of Until such time as this Indenture modifies or excludes any provision of becomes qualified under the TIA which may be so modified or excludedTIA, the latter provision Issuers, the Subsidiary Guarantors and the Trustee shall be deemed subject to apply to and governed by the TIA as if this Indenture as were so modified or to be excluded, as qualified on the case may bedate hereof.
Appears in 4 contracts
Samples: Indenture (Central Michigan Distribution Co Lp), Indenture (Resort Investment LLC), Appreciation Note Indenture (Central Michigan Distribution Co Lp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required automatically deemed to be included incorporated in this Indenture by the TIA, the required incorporated provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 4 contracts
Samples: Indenture (Young & Rubicam Inc), Doubleclick Inc, Gilat Satellite Networks LTD
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which that is required or deemed under such Act to be included in part of and govern this Indenture by the TIAIndenture, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excludedexcluded or if the Indenture is not required to comply with the TIA, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 4 contracts
Samples: Indenture (Jack Cooper Logistics, LLC), First Supplemental Indenture (Jack Cooper Logistics, LLC), Covenants (Dole Food Co Inc)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIATrust Indenture Act, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 4 contracts
Samples: Cross Timbers Oil Co, Hs Resources Inc, Hs Resources Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIATIA as in effect at the date hereof or, to the extent required by law, as amended after the date hereof, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Del Webb Corp, Del Webb Corp, Del Webb Corp
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under the TIA to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required TIA provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Indenture (Arena Group Holdings, Inc.), Velo3D, Inc., Velo3D, Inc.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is expressly required to be included in this Indenture by reference to the TIA, the required provision of the TIA shall control. If any provision of this Indenture modifies or excludes any such provision of the TIA which may be so modified or excludedTIA, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Indenture (Axiall Corp/De/), Indenture (Axiall Corp/De/), Intercreditor Agreement (Georgia Gulf Corp /De/)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall controlcontrol as if this Indenture were qualified under the TIA. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Samples: Indenture (Telesat Canada), Supplemental Indenture (Infosat Communications LP), Supplemental Indenture (Infosat Communications LP)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required or deemed to be included in this Indenture by the TIA after the Indenture is qualified under the TIA, the such required or deemed provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Investment Agreement (ExlService Holdings, Inc.), Indenture (ExlService Holdings, Inc.)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If ; provided, however, that if any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter such provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be, shall control.
Appears in 2 contracts
Samples: Satisfaction and Discharge of Indenture (America First Real Estate Investment Partners L P), America First Real Estate Investment Co Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another a provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Indenture (Union Tank Car Co), Indenture and Security Agreement (Union Tank Car Co)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which that is required or deemed to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any then such provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may becontrol.
Appears in 2 contracts
Samples: Indenture (Toreador Resources Corp), Toreador Resources Corp
Trust Indenture Act Controls. If any provision of ----------------------------- this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Exchange Indenture (Hudson Respiratory Care Inc), Hudson Respiratory Care Inc
Trust Indenture Act Controls. (a) If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any TIA provision of the TIA which that may be so modified or excludedmodified, the latter such TIA provision shall be deemed to apply to this Indenture as so modified or to modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, as the case may besuch TIA provision shall be excluded from this Indenture.
Appears in 1 contract
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Trust Indenture Act Controls. 70- If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may becontrol.
Appears in 1 contract
Samples: Suntech Power Holdings Co., Ltd.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required or deemed to be included in this Indenture by the TIA, TIA the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: JCC Holding Co
Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under such Act to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be. SECTION 12.2.
Appears in 1 contract
Samples: Keystone Consolidated Industries Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture the duties imposed by the TIATIA (S)318(c), the required provision imposed duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Bell Sports Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. Table of Contents
Appears in 1 contract
Samples: Finch Therapeutics Group, Inc.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter former provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Supplemental Indenture (Jarden Corp)
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beSECTION 12.2.
Appears in 1 contract
Samples: Menasco Aerosystems Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision Those sections of the TIA which may be so modified or excluded, the latter provision automatically deemed included herein shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beincluded herein.
Appears in 1 contract
Samples: Fact of West Florida Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture the duties imposed by the TIATIA ss.318(c), the required provision imposed duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (Inex Corp)
Trust Indenture Act Controls. (a) If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any TIA provision of the TIA which that may be so modified or excludedmodified, the latter such TIA provision shall be deemed to apply to this Indenture as so modified or to modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, as the case may be.such TIA provision shall be excluded from this Indenture. 101
Appears in 1 contract
Samples: Idleaire Technologies Corp
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which of the TIA that is required under the TIA to be included in a part of and govern this Indenture by the TIAIndenture, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (At&t Inc.)
Trust Indenture Act Controls. If any provision of this ----------------------------- Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIATrust Indenture Act, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Wiser Marketing Co
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Supplemental Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may becontrol.
Appears in 1 contract
Samples: Kendle International Inc
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision which is required to be included in this the Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (Hewlett Packard Co)
Trust Indenture Act Controls. 89- If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under such Act to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Commemorative Brands Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIATIA or the TIA as amended after the date hereof, the required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beSECTION 12.02.
Appears in 1 contract
Samples: Circus Circus Enterprises Inc
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the provision required provision by the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.77
Appears in 1 contract
