Common use of Authorization to Effect Subordination Clause in Contracts

Authorization to Effect Subordination. Each Holder of a Security by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 12 contracts

Sources: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Authorization to Effect Subordination. Each Holder holder of a Security Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII Four and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.3 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 5 contracts

Sources: Indenture (Lattice Semiconductor Corp), Indenture (Burr Brown Corp), Lease Agreement (Getty Images Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 5 contracts

Sources: Indenture (Santarus Inc), Indenture Agreement (Geron Corporation), Indenture (Atrix Laboratories Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the such holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 9, and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof 7.09 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 5 contracts

Sources: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 5 contracts

Sources: Indenture (Kramont Realty Trust), Indenture (Gray Communications Systems Inc /Ga/), Indenture (Kramont Realty Trust)

Authorization to Effect Subordination. Each Holder holder of a Security Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XI, and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesConvertible Notes.

Appears in 5 contracts

Sources: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII V and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 5.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Sources: Indenture (Valeant Pharmaceuticals International, Inc.), Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holderHolder’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII X and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 10.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

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

Authorization to Effect Subordination. Each Holder of a Security by the holdersuch Holder’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 14, and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof 8.05 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

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

Authorization to Effect Subordination. Each Holder of a Security by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 15 and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 3 contracts

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

Authorization to Effect Subordination. Each Holder holder of a Security Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 11, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.9 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 3 contracts

Sources: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 3 contracts

Sources: Indenture (China Natural Resources Inc), Indenture (GTT Communications, Inc.), Indenture (Fusion Telecommunications International Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt Debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 3 contracts

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

Authorization to Effect Subordination. Each Holder of a Security Holder, by the holderHolder’s acceptance thereof of the Notes, authorizes and directs the Trustee on the holdersuch Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XIII, and appoints the Trustee to act as the holdersuch Holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in as contemplated by Section 6.3 8.10 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Debt Agents are hereby authorized to file an appropriate claim for and on behalf of the Holders of the SecuritiesHolders.

Appears in 2 contracts

Sources: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XI, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 2 contracts

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

Authorization to Effect Subordination. Each Holder holder of a Security Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XI, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 2 contracts

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

Authorization to Effect Subordination. Each Holder holder of a Security by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII IV and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.3 7.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 2 contracts

Sources: Securities Purchase Agreement (System Software Associates Inc), Indenture (System Software Associates Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XIII, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 2 contracts

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

Authorization to Effect Subordination. Each Holder holder of a Security Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 6, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 2 contracts

Sources: Indenture (P Com Inc), Indenture (P Com Inc)

Authorization to Effect Subordination. Each Holder holder of a Security Note, by the holder’s its acceptance thereof thereof, authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII Four and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.3 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 1 contract

Sources: Indenture (Brocade Communications Systems Inc)

Authorization to Effect Subordination. Each Holder holder of a Security Note, by the holder’s its acceptance thereof thereof, authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 4 and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 1 contract

Sources: Indenture (Conexant Systems Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII X and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 5.4 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Sources: Indenture (Genta Inc De/)

Authorization to Effect Subordination. Each Holder holder of a Security by the such holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII V, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Sources: Indenture (Pharmaceutical Resources Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 12 and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 12.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (Genesco Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holderHolder’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 11, and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (School Specialty Inc)

Authorization to Effect Subordination. Each Holder holder of a Security Notes, by the holder’s 's acceptance thereof thereof, authorizes and directs the Trustee on the such holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 15, and appoints the Trustee to act as the such holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness (or their representatives Representatives), are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 1 contract

Sources: Indenture (Standard Management Corp)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XIV, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 5.4 hereof at least 30 ten days before the expiration of the time to file such claim, the holders of any a Representative or each lender under, or holder of, Senior Indebtedness or their representatives are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (KCS Medallion Resources Inc)

Authorization to Effect Subordination. Each Holder by the Holder’s acceptance of a Security by the holder’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 10 and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 8.09 hereof at least 30 calendar days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the SecuritiesHolders.

Appears in 1 contract

Sources: Indenture (Evergreen Energy Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the such holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XII, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Sources: Indenture (Komag Inc /De/)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 11 and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 11.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (Netease Com Inc)

Authorization to Effect Subordination. Each Holder holder of a Security Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 4 and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.3 7.02 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 1 contract

Sources: Indenture (Kulicke & Soffa Industries Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 503 hereof at least 30 days before the expiration of the time to file such claim, the holders of any 77 Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (Ddi Capital Corp/Dynamic Details Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holderHolder’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII 9 and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 9.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (World Acceptance Corp)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII IV and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 4.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Parent Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: First Supplemental Indenture (Fair Isaac & Company Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII XIV, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 5.4 hereof at least 30 ten days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or and their representatives Representatives, are hereby authorized (but in no way obligated) to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: First Supplemental Indenture (KCS Energy Inc)

Authorization to Effect Subordination. Each Holder of a Security by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 5.04 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (Ventro Corp)

Authorization to Effect Subordination. Each Holder of a Security by the holderH▇▇▇▇▇’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Sources: Indenture (United Community Banks Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the such holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII [__], and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof [__] at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Sources: Indenture (Evergreen Solar Inc)

Authorization to Effect Subordination. Each Holder holder of a Security by the such holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XII [___], and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.3 hereof [___] at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness Debt or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Sources: Indenture (Evergreen Solar Inc)