Applicable to Paying Agents. 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 (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 the first paragraph of Section 4.5 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 (Iomega Corp), Indenture (Iomega Corp), Indenture (National Semiconductor Corp)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1313 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 5 contracts
Sources: Indenture (Phoenix Companies Inc/De), Indenture (Wellman Inc), Subordinated Indenture (Banponce Corp)
Applicable to Paying Agents. If In case at any time any paying agent a 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1311 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 4 contracts
Sources: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)
Applicable to Paying Agents. If 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 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 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1326 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 4 contracts
Sources: Indenture (Uag Connecticut I LLC), Indenture (Atlantic Auto Funding Corp), Indenture (HBL LLC)
Applicable to Paying Agents. If 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1304 and 1306 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Modine Manufacturing Co), Indenture (Cellular Dynamics International, Inc.), Indenture (Modine Manufacturing Co)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1412 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Allied Waste Industries Inc), Subordinated Debt Indenture (Key3media Events Inc), Subordinated Debt Indenture (Key3media Group Inc)
Applicable to Paying Agents. If 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 in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Apex Mortgage Capital Inc)
Applicable to Paying Agents. If at any time any paying agent Paying Agent (other than the Trustee Trustee) shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall (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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 15.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Black Hills Corp /Sd/), Indenture (Black Hills Holding Corp), Indenture (Willbros Group Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1113 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Bank United Corp), Indenture (Bryan College Station Financial Holding Co), Indenture (Surety Capital Corp /De/)
Applicable to Paying Agents. If 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 content 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1308 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Georgia Pacific Corp), Indenture (Wachovia Corp/ Nc), Indenture (Georgia Pacific Corp)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1210 and 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Ilx Inc/Az/), Indenture (Ilx Inc/Az/), Indenture (Ilx Inc/Az/)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVER-------- however, that the first paragraph of Section 4.5 1312 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Monsanto Co), Indenture Agreement (Brookdale Living Communities Inc), Indenture (Unova Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of -------- ------- Section 4.5 1512 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Read Rite Corp /De/), Indenture (Read Rite Corp /De/), Indenture (Micron Technology Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1111 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. ARTICLE TWELVE
Appears in 3 contracts
Sources: Indenture (Ormat Technologies, Inc.), Indenture (St Paul Capital Trust Ii), Indenture (Ipc Holdings LTD)
Applicable to Paying Agents. 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 12 shall (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 12 in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 12.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, provided that the first paragraph of Section 4.5 1213 shall not apply to the Company or any Affiliate of the this Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc), Indenture (Budget Group Inc)
Applicable to Paying Agents. If 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 hereunderunder this Indenture, the term "Trustee" as used in this Article shall (unless the context otherwise requires) shall be construed as extending to and including such paying agent Paying Agent within its meaning as fully 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of this Section 4.5 119 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 3 contracts
Sources: Indenture (Pioneer Companies Inc), Indenture (Pioneer Companies Inc), Indenture (Pioneer Companies Inc)
Applicable to Paying Agents. If 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1304 and 1306 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Thaxton Group Inc), Indenture (Land O Lakes Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1016 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. * * * * *
Appears in 2 contracts
Sources: Junior Subordinated Debenture Indenture (Huntway Partners L P), Junior Subordinated Debenture Indenture (Huntway Partners L P)
Applicable to Paying Agents. If 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 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 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; PROVIDEDprovided, HOWEVER-------- however, that the first paragraph of this Section 4.5 1318 shall not apply to the Company or any Affiliate ------- of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Styrochem International LTD), Indenture (Styrochem International Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1315 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Alliance Imaging Inc /De/), Indenture (Alliance Imaging Inc /De/)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 10.10 and 10.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Vishay Intertechnology Inc), Indenture (Novellus Systems Inc)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
Applicable to Paying Agents. 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 (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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 5.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Citigroup Inc), Purchase Agreement (Citigroup Inc)
Applicable to Paying Agents. If 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 Twelve shall in such case (unless the context content 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 12.08 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp)
Applicable to Paying Agents. 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 (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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 5.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)
Applicable to Paying Agents. If 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 81 intents and purposes as if such paying agent Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1312 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Eg&g Inc), Indenture (Eg&g Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1311(a) and 1313 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Tyco International LTD /Ber/), First Supplemental Indenture (Tyco International LTD /Ber/)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVER-------- however, that the first paragraph of Section 4.5 1213 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (First State Bancorporation), Indenture (Physicians Resource Group Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1305, 1306 and 1307 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De)
Applicable to Paying Agents. If 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 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 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 913 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: First Supplemental Indenture (Healthcare Realty Trust Inc), First Supplemental Indenture (Capstone Capital Corp)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1213 shall not apply to the Company Company, or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Subordinated Indenture (Quanta Services Inc), Subordinated Indenture (Quanta Services Inc)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of this Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Russell Corp)
Applicable to Paying Agents. If 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 11 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 11 in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 11.10 and 11.12 shall not apply to the Company or any an Affiliate of the Company if it the Company or any such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1511 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Borg Warner Security Corp), Indenture (Nine West Group Inc /De)
Applicable to Paying Agents. If 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 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 article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 this section shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Arch Capital Group LTD), Indenture (Xl Capital LTD)
Applicable to Paying Agents. If In case at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company Issuers and be then acting hereunder, the term "Trustee" as used in this Article 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 article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 this section shall not apply to the Company Issuers or any Affiliate of the Company Issuers if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Mediacom Capital Corp), Indenture (Mediacom Capital Corp)
Applicable to Paying Agents. If (a) 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1113 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Bank United Corp), Indenture (Bank United Corp)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (PHP Healthcare Corp), Indenture (NCS Healthcare Inc)
Applicable to Paying Agents. If In case at any time any paying agent a 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1311 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Callon Petroleum Co), First Supplemental Indenture (Snyder Oil Corp)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1409(a) and 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Tyco International LTD /Ber/), First Supplemental Indenture (Tyco International LTD /Ber/)
Applicable to Paying Agents. If In case at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company or the 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 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of this Section 4.5 1212 shall not apply to the Company or any Affiliate of the Company if it any of them or any such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Amc Entertainment Inc), Indenture (Regal Cinemas Inc)
Applicable to Paying Agents. 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 (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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.
Appears in 2 contracts
Sources: Indenture (International Shipholding Corp), Indenture (International Shipholding Corp)
Applicable to Paying Agents. If 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 hereunderunder this Indenture, 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, HOWEVERprovided, however, that the first paragraph of Section 4.5 Sections 1405 and 1407 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Sources: Indenture (Evans Bancorp Inc), Indenture (Evans Bancorp Inc)
Applicable to Paying Agents. If In the event that, 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 (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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1414 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of -------- ------- Section 4.5 12.9 shall not apply to the Company or any Affiliate of the Company if ------------ it or such Affiliate acts as paying agentPaying Agent.
Appears in 2 contracts
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1212 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 11.3 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Subordinated Indenture (Inamed Corp)
Applicable to Paying Agents. If 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 hereunderunder this Indenture, the term "Trustee" as used in this Article Thirteen 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Exhibit (Brooks Pharmacy, Inc.)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1113 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. ARTICLE TWELVE
Appears in 1 contract
Sources: Indenture (Microsoft Corp)
Applicable to Paying Agents. If 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 11 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 11 in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 11.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Interface Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 14.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Genesco Inc)
Applicable to Paying Agents. If 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 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 article in addition to or in place of the Trustee; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 this section shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Xl Capital LTD)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1513 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Scholastic Corp)
Applicable to Paying Agents. If 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 Fourteen 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 Fourteen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of this Section 4.5 1409 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Subordinated Debt Securities Indenture (Nextel Communications Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 12.10 and 12.11 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1404 and 1406 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1412 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of this Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 77- 87 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1512 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Westell Technologies Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVER-------- however, that the first paragraph of Section 4.5 1313 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Bny Capital V)
Applicable to Paying Agents. If 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 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 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. 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 (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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 15.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; , PROVIDED, HOWEVER, that the first paragraph of Section 4.5 Sections 1304 and 1306 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Fingerhut Companies Inc)
Applicable to Paying Agents. If 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 namedin this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1305, 1306 and 1307 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Philip Services Corp/De)
Applicable to Paying Agents. If at any time any paying agent Paying Agent (other than the Trustee Trustee) shall have been appointed by the Company and be then acting hereunder, the term "“Trustee" ” as used in this Article shall (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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 15.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 Sections 1504 and 1506 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Suntrust Banks Inc)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1315 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Accuride Corp)
Applicable to Paying Agents. If 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 Eleven in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 11.9 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Asm International N V)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 1111 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. ARTICLE TWELVE
Appears in 1 contract
Sources: Indenture (Allegheny Energy Inc)
Applicable to Paying Agents. If In case at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company Issuer and be then acting hereunder, the term "Trustee" as used in this Article 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 article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 this section shall not apply to the Company Issuer or any Affiliate of the Company Issuer if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Mediacom Capital Corp)
Applicable to Paying Agents. If 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 hereunderthereunder, 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. ARTICLE FOUR ------------ MISCELLANEOUS
Appears in 1 contract
Applicable to Paying Agents. If In case at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company or the 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 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 the first paragraph of Section 4.5 1313 shall not apply to the Company or the Guarantor or any Affiliate of the Company or the Guarantor if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Zions Financial Corp)
Applicable to Paying Agents. If In case at any time any paying agent a 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 14.11 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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 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 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 the first paragraph of Section 4.5 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Fca of Ohio Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Infocure Corp)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of this Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. 70
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1311 shall not apply to -------- ------- the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Be Aerospace Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1214 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVER118 however, that the first paragraph of Section 4.5 1315 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (E&s Holdings Corp)
Applicable to Paying Agents. If 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 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1413 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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 Eleven in addition to or in place of the Trustee; PROVIDED------- ------ provided, HOWEVERhowever, that the first paragraph of Section 4.5 11.9 shall not apply to the Company or any ------------ Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Cell Therapeutics Inc)
Applicable to Paying Agents. If 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 11 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 11 in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 11.11 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Interface Inc)
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1313 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. ARTICLE TWELVE
Appears in 1 contract
Sources: Indenture (Microsoft Corp)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 12.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1415 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Accuride Corp)
Applicable to Paying Agents. If 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 XI 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 XI in addition to or in place of the Trustee; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 11.13 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Goss Holdings Inc)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of this Section 4.5 313 shall not apply to the Company or any Affiliate affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1413 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent.Paying Agent. 87 97
Appears in 1 contract
Sources: Indenture (Capstone Capital Corp)
Applicable to Paying Agents. If 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 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 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 116 127 of the Trustee; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 12.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (Buffets Inc)
Applicable to Paying Agents. If 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 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of this Section 4.5 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Sources: Indenture (United States Steel Corp)
Applicable to Paying Agents. If 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; PROVIDED, HOWEVER, that the first paragraph of Section 4.5 12.13 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1611 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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 the Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, HOWEVERprovided, however, that the first paragraph of Section 4.5 Sections 1604 and 1606 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1513 shall not apply -------- ------- to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract
Applicable to Paying Agents. If 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; PROVIDEDprovided, HOWEVERhowever, that the first paragraph of Section 4.5 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent.
Appears in 1 contract