Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 21 contracts
Sources: Junior Subordinated Indenture (Hartford Capital Iv /De/), Indenture (International Paper Co /New/), Subordinated Indenture (Principal Financial Group Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 20 contracts
Sources: Indenture (Wendys International Inc), Subordinated Indenture (Newfield Exploration Co /De/), Indenture (Dime Bancorp Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 15 contracts
Sources: Subordinated Indenture (South Financial Group Inc), Indenture (Fpa Medical Management Inc), Indenture (North American Vaccine Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1212 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 14 contracts
Sources: Indenture (Loews Cineplex Entertainment Corp), Indenture (Kent Electronics Corp), Indenture (Granite Broadcasting Corp)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 12 contracts
Sources: Indenture (PDS Financial Corp), Indenture (Paper Warehouse Inc), Indenture (Onyx Acceptance Corp)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1315 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Sources: Indenture (Details Inc), Indenture (Paragon Health Network Inc), Indenture (Colortyme Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1512 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 8 contracts
Sources: Indenture (Cygnus Inc /De/), Indenture (Sun Microsystems Inc), Indenture (Sun Microsystems Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that this Section shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 8 contracts
Sources: Indenture (Global Signal Inc), Indenture (Niku Corp), Indenture (Newcastle Investment Corp)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such the Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 1804 and 1806 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 8 contracts
Sources: Indenture (Wells Fargo Capital Iv), Indenture (Wells Fargo & Co/Mn), Indenture (Popular Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 8 contracts
Sources: Subordinated Indenture (Sinclair Television Co Ii Inc), Guaranty Agreement (Marsh Village Pantries Inc), Indenture (Jo-Ann Stores Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 7 contracts
Sources: Guaranty Agreement (Marsh Village Pantries Inc), Indenture (Jo-Ann Stores Inc), Indenture (Packard Bioscience Co)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Sources: Exhibit (Autobahn Inc), Exhibit (Sonic Automotive Inc), Indenture (Uag Connecticut I LLC)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Sources: Subordinated Indenture (Sinclair Television Co Ii Inc), Indenture (WCHS Licensee LLC), Indenture (Playtex Products Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1312 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Sources: Indenture (Monsanto Co), Indenture (Solutia Inc), Indenture (Snyder Oil Corp)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1313 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Sources: Indenture (Phoenix Companies Inc/De), Indenture (Wellman Inc), Subordinated Indenture (Banponce Corp)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such the Paying Agent were named in this Article Sixteen in addition to or in place of the Trustee; provided, however, that Sections 1605 and 1607 shall not apply to the Company if its acts as Paying Agent.
Appears in 5 contracts
Sources: Subordinated Indenture (Dynegy Capital Trust Ii), Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Dynegy Capital Trust Iii)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1513 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Sources: Indenture (Scholastic Corp), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee (or the Company or an Affiliate of the Company) shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 4 contracts
Sources: Indenture (American General Corp /Tx/), Subordinated Debenture Indenture (Southern Investments Uk Capital Trust I), Subordinated Debenture Indenture (PPL Electric Utilities Corp)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Sixteen in addition to or in place of the Trustee.
Appears in 3 contracts
Sources: Subordinated Indenture (Reliant Energy Inc), Subordinated Indenture (Cleco Corp), Subordinated Indenture (Reliant Energy Services New Mexico LLC)
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article Sixteen in addition to or in place of the Trustee.
Appears in 2 contracts
Sources: Subordinated Note Indenture (Avnet Inc), Subordinated Indenture (Reliant Energy Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Guarantor and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 2 contracts
Sources: Indenture (Aetna Capital Trust Iv), Indenture Supplement (Aetna Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requiresshall require otherwise) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Sections 13.06 and 13.10 shall not apply to the Company if it acts as Paying Agent hereunder.
Appears in 2 contracts
Sources: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee (or the Company or an Affiliate of the Company) shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requiresrequired) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 2 contracts
Sources: Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "`Trustee" ' as used in this Article Section 2.1 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Section 2.1 in addition to or in place of the Trustee.
Appears in 2 contracts
Sources: Supplemental Indenture (Beckman Coulter Inc), Supplemental Indenture (Beckman Coulter Inc)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Note Issuer and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 2 contracts
Sources: Senior Subordinated Indenture (Fresenius Medical Care Corp), Senior Subordinated Indenture (Fresenius Medical Care Corp)
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee.
Appears in 2 contracts
Sources: Indenture (Illinois Power Co), Indenture (Illinois Power Co)
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "“Trustee" ” as used in this Article shall in such case (unless the context otherwise requiresshall require otherwise) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Sections 7.7 and 7.8 shall not apply to the Company if it acts as its own paying agent.
Appears in 2 contracts
Sources: Supplemental Indenture (Enbridge Inc), Eleventh Supplemental Indenture (Enbridge Inc)
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company Corporation and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Sections 1407 and 1408 shall not apply to the Corporation if it acts as its own paying agent.
Appears in 1 contract
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Sections 1407 and 1408 shall not apply to the Company if it acts as its own paying agent.
Appears in 1 contract
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "“Trustee" ” as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Delphi Financial Group Inc/De)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "`Trustee" ' as used in this Article VII shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article VII in addition to or in place of the Trustee.
Appears in 1 contract
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company Corporation and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall ------- otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that Sections 1407 and 1408 shall not apply to the Corporation if it ------- acts as its own paying agent.
Appears in 1 contract
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.Sixteen
Appears in 1 contract
Sources: Indenture (Bradley Operating L P)
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.to
Appears in 1 contract
Sources: Indenture (Fuisz Technologies LTD)
Applicable to Paying Agents. In case If at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee.in
Appears in 1 contract
Sources: Indenture (Amazon Com Inc)
Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Fourteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Fourteen in addition to or in place of the Trustee.
Appears in 1 contract
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee (or the Company or an Affiliate of the Company) shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents intends and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 1 contract
Sources: Subordinated Note Indenture (Virginia Electric & Power Co)
Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes purposes, as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Sections 1408 and 1409 shall not apply to the Company if it acts as its own paying agent.
Appears in 1 contract
Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder the Indenture, the term "“Trustee" ” as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 1 contract
Sources: Third Supplemental Indenture (Hanover Compressor Co /)
Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee.
Appears in 1 contract