Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 10 contracts
Sources: Indenture (Metropolitan Financial Corp /Oh/), Indenture (Metropolitan Financial Corp /Oh/), Indenture (Metropolitan Capital Trust I)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "“conflicting interest" ” within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Issuers shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 7 contracts
Sources: Indenture (ADT Inc.), Indenture (CyrusOne Foreign Holdings LLC), Indenture (ADT Inc.)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of subject to the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenturepenultimate paragraph thereof.
Appears in 7 contracts
Sources: Indenture (Ciena Corp), Indenture (Human Genome Sciences Inc), Indenture (Fox Entertainment Group Inc)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "“conflicting interest" ” within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of subject to the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenturepenultimate paragraph thereof.
Appears in 6 contracts
Sources: Indenture (American Realty Capital Properties, Inc.), Indenture (Human Genome Sciences Inc), Indenture (Duratek Inc)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of if the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed Act is then applicable to be specifically described in this Indenture.
Appears in 6 contracts
Sources: Indenture (Florida Banks Inc), Indenture (United Bancorporation of Alabama Inc), Indenture (Investorsbancorp Inc)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes . Nothing herein shall prevent the Trustee from filing with the Commission the application referred to in the second to last paragraph of the first proviso contained in said Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture310(b).
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Pogo Producing Co), Junior Subordinated Indenture (Houston Industries Inc), Junior Subordinated Indenture (Litchfield Financial Corp /Ma)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Partnership shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 2 contracts
Sources: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "“conflicting interest" ” within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided. This Indenture shall always have a Trustee who satisfies the requirements of Sections 310(a)(1), however, that for purposes of the first proviso contained in Section 310 (b2) and (5) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 1 contract
Sources: Indenture (Depomed Inc)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the -35- Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 1 contract
Sources: Indenture (Old Second Bancorp Inc)
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b310(b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 1 contract
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" interest within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.
Appears in 1 contract
Sources: Indenture (American Bank Inc)