Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 14.5 and 14.7 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 26 contracts
Sources: Indenture (United Community Banks Inc), Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 21 contracts
Sources: Junior Subordinated Indenture (First Acceptance Corp /De/), Indenture (Comstock Homebuilding Companies, Inc.), Junior Subordinated Indenture (Northstar Realty)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 19 contracts
Sources: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 5.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 12 contracts
Sources: Indenture (Symantec Corp), Indenture (Bisys Group Inc), Indenture (Cypress Semiconductor Corp /De/)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 10 contracts
Sources: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 11 shall in such case (unless the context shall content otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.08 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Sources: Subordinated Indenture (Wintrust Financial Corp), Subordinated Indenture (Old Line Bancshares Inc), Subordinated Indenture (Synovus Financial Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Sources: Indenture (Itron Inc /Wa/), Indenture (Commscope Inc), Indenture (Magnum Hunter Resources Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Sources: Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC), Indenture (Marathon Petroleum Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 1505 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Sources: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp), Indenture (Quantum Corp /De/)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Sources: Indenture (Geo MCF Lp, LLC), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 11.11 shall not apply to the Company or any Affiliate subsidiary of the Company if the Company it or such Affiliate subsidiary acts as Paying Agent.
Appears in 9 contracts
Sources: Indenture (Amkor Technology Inc), Indenture (Agere Systems Inc), Indenture (School Specialty Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article XI shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XI in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 11.11 shall not apply to the Company or any Affiliate Subsidiary of the Company if the Company it or such Affiliate Subsidiary acts as Paying Agent.
Appears in 8 contracts
Sources: Indenture (Charys Holding Co Inc), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 5.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 7 contracts
Sources: Second Supplemental Indenture (First Interstate Bancsystem Inc), First Supplemental Indenture (Premier Financial Corp), First Supplemental Indenture (Park National Corp /Oh/)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 16.04 and 14.7 16.06 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 7 contracts
Sources: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 15.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 7 contracts
Sources: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Sources: Indenture (Best Buy Co Inc), Indenture (Kramont Realty Trust), Indenture (Gray Communications Systems Inc /Ga/)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XI shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XI in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 11.11 shall not apply to the Company or any Affiliate Subsidiary of the Company if the Company it or such Affiliate Subsidiary acts as Paying Agent.
Appears in 6 contracts
Sources: Indenture (Amkor Technology Inc), Indenture (Amkor International Holdings, LLC), Indenture (Hutchinson Technology Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Sources: Indenture (Avatar Holdings Inc), Indenture (Transtexas Gas Corp), Indenture (Prime Hospitality Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Sources: Indenture (Cuc International Inc /De/), Indenture (Tech Data Corp), Indenture (Reliant Resources Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 15.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Sources: Indenture (Primus Guaranty LTD), Indenture (Royal Gold Inc /De/), Indenture (United States Surgical Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Sources: Indenture (Pogo Producing Co), Indenture (Cross Timbers Oil Co), Indenture (Cross Timbers Oil Co)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Sources: Indenture (Santarus Inc), Indenture Agreement (Geron Corporation), Indenture (Atrix Laboratories Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Sources: Indenture (Anthem Inc), Indenture (PLD Telekom Inc), Indenture (Anthem Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Indenture (Jefferies Group LLC)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1211 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Subordinated Indenture (Trustreet Properties Inc), Second Supplemental Indenture (Sonic Automotive Inc), Indenture (Sinclair Broadcast Group Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 12 shall in such case (unless the context shall content otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.09 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Liquid Media Group Ltd.), Indenture (Associated Banc-Corp), Indenture (PLD Telekom Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 4.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Insignia Financing I), Indenture (Wabash National Corp /De), Indenture (Qualicomm Financial Trust I)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 12 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 12 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Note Purchase Agreement (Providence Service Corp), Indenture (Providence Service Corp), Indenture (Cable Design Technologies Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Jefferies Group Inc /De/), Indenture (Philadelphia Suburban Corp), Indenture (Safeco Corp)
Article 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 Issuer with respect to the Securities and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.13 shall not apply to the Company Issuer or any Affiliate of the Company Issuer if the Company Issuer or such Affiliate one of its Affiliates acts as Paying Agentpaying agent.
Appears in 4 contracts
Sources: Subordinated Indenture (Enstar Finance LLC), Junior Subordinated Indenture (Enstar Group LTD), Subordinated Indenture (Enstar Finance LLC)
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Issuers and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 17.13 shall not apply to the Company Issuers or any Affiliate of the Company Issuers if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agentpaying agent.
Appears in 4 contracts
Sources: Securities Purchase Agreement (System Software Associates Inc), Indenture (System Software Associates Inc), Indenture (Corestaff Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 12.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Affymetrix Inc), Indenture (Pentegra Dental Group Inc), Indenture (Affymetrix Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.10 shall not apply to the Company or any Affiliate of the Company its affiliates if the Company or such Affiliate affiliate acts as a Paying Agent.
Appears in 4 contracts
Sources: Perpetual Subordinated Indenture (Nomura Holdings Inc), Perpetual Subordinated Indenture (Nomura Holdings Inc), Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc)
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Issuers and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.13 shall not apply to the Company Issuers or any Affiliate of the Company Issuers if the Company they or such Affiliate acts act as Paying Agent.
Appears in 4 contracts
Sources: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Article Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company Trustee and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee. For the avoidance of doubt, provided, however, that Sections 14.5 and 14.7 shall not apply to neither the Company or nor any Affiliate of the Company if the Company or such Affiliate acts shall be permitted to serve as a Paying AgentAgent hereunder.
Appears in 4 contracts
Sources: Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 13.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Cypress Semiconductor Corp /De/), Indenture (Veritas Software Corp), Indenture (Orbital Sciences Corp /De/)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 14.10, 14.12 and 14.7 14.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Hancock Holding Co), Indenture (Hancock Holding Co), Indenture (Allegheny Technologies Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. ARTICLE XIII IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS SECTION 13.1.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1426 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Subordinated Indenture (Trustreet Properties Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section -------- ------- 10.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 15.04, 15.05 and 14.7 15.06 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate it acts as Paying Agentpaying agent. The Trustee, by its execution of a counterpart of this Indenture, acknowledges and accepts its appointment as Trustee.
Appears in 3 contracts
Sources: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 13 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 13 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Interliant Inc), Indenture (Earthweb Inc), Indenture (Interliant Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 15.10 and 14.7 15.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Golden Star Resources LTD), Indenture (Stillwater Mining Co /De/), Indenture (Patterson Energy Inc)
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Corporation and be then acting under this Indenture, the term “Trustee” as used in this Article Section 2.11 shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article Section 2.11 in addition to or in place of the Trustee, provided, however, that Sections 14.5 2.11.4 and 14.7 2.11.5 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if the Company Corporation or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Seventh Supplemental Indenture (Brookfield Renewable Corp), Fifth Supplemental Indenture (Brookfield Renewable Corp), Fifth Supplemental Indenture (Brookfield Renewable Partners L.P.)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 5 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 5 in addition to or in place of the Trustee, ; provided, however, however that Sections 14.5 and 14.7 the first paragraph of Section 5.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc), Indenture (Xilinx Inc)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1411 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Penske Automotive Group, Inc.), Exhibit (Sonic Automotive Clearwater Inc), Indenture (United Auto Group Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall contest otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, ; provided that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the this Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 5 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 5 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 5.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (American Medical Systems Holdings Inc), Indenture (Intel Corp), Indenture (AMS Sales CORP)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 SECTION 12.9 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Millennium Pharmaceuticals Inc), Indenture (Etoys Inc), Indenture (Etoys Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 the first paragraph of Section 5.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Rf Micro Devices Inc), Indenture (Invitrogen Corp), Indenture (Cymer Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article XIV shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIV in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Senior Subordinated Indenture (United Rentals Realty, LLC), Indenture (United Rentals Inc /De), Senior Subordinated Indenture (Wynne Systems Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIII shall in such case (unless otherwise expressly stated or the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 11.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.26 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Independent Bank Corp), Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 the first paragraph of Section 1207 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.paying agent. ARTICLE THIRTEEN
Appears in 3 contracts
Sources: Indenture (Suiza Foods Corp), Indenture (Inacom Corp), Indenture (Vanstar Financing Trust)
Article 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1326 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Penske Automotive Group, Inc.), Exhibit (Sonic Automotive Clearwater Inc), Indenture (United Auto Group Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 11.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Netease Com Inc), Indenture (Kaydon Corp), Indenture (Kaydon Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIV shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIV in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: Indenture (Flores & Rucks Inc /De/), Indenture (Ocean Energy Inc), Indenture (Ocean Energy Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 4.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Sources: First Supplemental Indenture (Citizens Utilities Capital L P), First Supplemental Indenture (Citizens Utilities Capital L P), First Supplemental Indenture (Citizens Utilities Capital L P)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article V shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article V in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 5.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: First Supplemental Indenture (Cd Radio Inc), First Supplemental Indenture (Checkfree Holdings Corp \Ga\)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 14.5 and 14.7 this Section 1211 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.)
Article 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 under this the Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section 3.14 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Axos Financial, Inc.), Second Supplemental Indenture (Axos Financial, Inc.)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1413 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.)
Article Applicable to Paying Agents. In case at any time any At all times when a Paying Agent other than the Trustee shall have been appointed by the Company and be then acting under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.08 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Royal Bank of Scotland Group PLC), Indenture (Royal Bank of Scotland Group PLC)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 10.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Prime Succession Inc), Indenture (Rose Hills Co)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 7.6 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: First Supplemental Indenture (Mindspring Enterprises Inc), First Supplemental Indenture (Mindspring Enterprises Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 7.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Sixth Supplemental Indenture (Allstate Corp), Fifth Supplemental Indenture (Allstate Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Ten in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 10.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Telegroup Inc), Indenture (Interface Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 13.11 shall not apply to the Company or any Affiliate Subsidiary of the Company if the Company it or such Affiliate Subsidiary acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, provided, however, ; provided that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Deerfield Capital Corp.), Junior Subordinated Indenture (Deerfield Capital Corp.)
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Corporation and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1413 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if the Company it or such Affiliate acts as Paying Agent.]
Appears in 2 contracts
Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 the first paragraph of Section 10.05 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/)
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company under the Indenture and be then acting under this Indenturethereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 2.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts any of them is acting as Paying Agent.
Appears in 2 contracts
Sources: Subordination Agreement (Rogers Wireless Inc), Indenture (Rogers Wireless Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 4 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 4 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 4.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Commscope Inc), Indenture (Commscope Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 14 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 14 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Internet Capital Group Inc), Indenture (Internet Capital Group Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 6 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Section in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 6.12 of this Supplemental Indenture shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Umb Financial Corp), First Supplemental Indenture (Umb Financial Corp)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article VII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article VII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 7.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article 11 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 11 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 11.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (American Medical Systems Holdings Inc), Indenture (American Medical Systems Holdings Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Owens Corning Capital Ii), Junior Subordinated Indenture (Owens Corning Capital Ii)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 10.11 shall not apply to the Company or any Affiliate subsidiary of the Company if the Company it or such Affiliate subsidiary acts as Paying Agent.
Appears in 2 contracts
Sources: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 10.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Atmel Corp), Indenture (Atmel Corp)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section 14.09 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Xl Group PLC), Indenture (XL Group Ltd.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 10.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 10.05 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Austin Funding Com Corp), Indenture (Austin Funding Com Corp)
Article 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1213 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Subordinated Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Global Ship Lease, Inc.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 13.09 and 14.7 13.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Convertible Subordinated Notes Agreement (America Online Inc), Convertible Subordinated Notes Agreement (Rite Aid Corp)
Article 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 under this Indenturethe Base Indenture with respect to the Notes, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 14.5 4.05 and 14.7 4.07 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: First Supplemental Indenture (Synovus Financial Corp), First Supplemental Indenture (LegacyTexas Financial Group, Inc.)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.16 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Advanced Energy Industries Inc), Indenture (Advanced Energy Industries Inc)
Article 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 under this Indenture, the term “"Trustee” " as used in this Article Eight shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Eight in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 8.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Trism Inc /De/), Indenture (Trism Inc /De/)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Eleven in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.9 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Cell Therapeutics Inc), Indenture Agreement (Protein Design Labs Inc/De)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.. ****
Appears in 2 contracts
Sources: Trust Agreement (Local Financial Corp /Nv), Junior Subordinated Indenture (Local Financial Corp /Nv)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 12.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (American Residential Services Inc), Indenture (Innovative Valve Technologies Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article Twelve shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Twelve in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Blue Bird Corp), Indenture (Golden Sky Systems Inc)
Article 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 10.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Sources: Indenture (Network Associates Inc), Indenture (Network Associates Inc)