Common use of Disqualification; Conflicting Interests Clause in Contracts

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

Sources: Indenture (Southern Community Financial Corp)

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)