Common use of Disqualification; Conflicting Interests Clause in Contracts

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 405 contracts

Sources: Indenture (SouthState Corp), Indenture (SouthState Corp), Indenture (Marex Group PLC)

Disqualification; Conflicting Interests. If the Indenture Trustee has or shall will acquire a conflicting interest within the meaning of the Trust Indenture Act, the Indenture Trustee shall will, if so required by the Trust Indenture Act, either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Nothing herein will prevent the Indenture Trustee from filing with the Commission the application referred to in the second to last paragraph of Section 310(b) of the Trust Indenture Act.

Appears in 34 contracts

Sources: Indenture (Jpmorgan Chase Bank, National Association), Indenture (WF Card Funding LLC), Indenture Agreement

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by the Trust Indenture Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 34 contracts

Sources: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Senior Debt Securities Indenture (NewtekOne, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire acquires a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall will either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 21 contracts

Sources: Indenture (TrueBlue, Inc.), Indenture (TrueBlue, Inc.), Indenture (Macy's, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 17 contracts

Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such interest or resignresign as Trustee with respect to one or more series of Securities, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 11 contracts

Sources: Subordinated Indenture (Xylem Inc.), Senior Indenture (Xylem Inc.), Indenture (ITT Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such interest or resignresign as Trustee, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 10 contracts

Sources: Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.), Indenture (Agilent Technologies, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 10 contracts

Sources: Indenture (Agco Corp /De), Indenture (Oaktree Capital Group, LLC), Indenture (Nii Holdings Inc)

Disqualification; Conflicting Interests. If the Trustee has shall have or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such conflicting interest or resign, resign to the extent and extent, in the manner provided byand with the effect, and subject to the provisions ofconditions, provided in the Trust Indenture Act and this Indenture.

Appears in 9 contracts

Sources: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Collateral Trust Indenture (Louisiana Power & Light Co /La/)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest interest, within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 6 contracts

Sources: Junior Subordinated Indenture (Dominion Resources Inc /Va/), Indenture (Dominion CNG Capital Trust Ii), Indenture (Consolidated Natural Gas Co/Va)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 6 contracts

Sources: Indenture (Bank United Corp), Indenture (Surety Capital Corp /De/), Indenture (River Road Realty Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Debt Securities of more than one series.

Appears in 4 contracts

Sources: Indenture (Unilever PLC), Indenture (Unilever N V), Indenture (Unilever United States Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Further, it is understood that the Trustee shall be entitled to any and all rights that the Trustee may have in its individual capacity or any other capacity with respect to any Indebtedness of the Company, and no provision of this Indenture shall be construed as to limit or diminish any such right.

Appears in 4 contracts

Sources: Indenture (Clark Usa Inc /De/), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture ActAct of 1939, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act of 1939 and this Indenture.

Appears in 3 contracts

Sources: Indenture (Illinova Corp), Indenture (Illinois Power Co), Indenture (Comcast Cable Communications Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within with the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 3 contracts

Sources: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series or any other indenture of the Company.

Appears in 3 contracts

Sources: Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by the Trust Indenture Act the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 3 contracts

Sources: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning interest, as defined in Section 310(b) of the Trust Indenture Act, with respect to the Securities of any series, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions ofto, Section 310 of the Trust Indenture Act and this Indenture.

Appears in 3 contracts

Sources: Indenture (Harley Davidson Inc), Indenture (Harley Davidson Inc), Indenture (Detroit Edison Co)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such interest or resignresign as Trustee with respect to the Securities, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Sources: Indenture (Epicept Corp), Indenture (Epicept Corp)

Disqualification; Conflicting Interests. If the Indenture Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Indenture Trustee shall shall, if so required by the Trust Indenture Act, either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Nothing herein shall prevent the Indenture Trustee from filing with the Commission the application referred to in the second to last paragraph of Section 3.10(b) of the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (Mellon Bank Premium Finance Loan Master Trust), Indenture (Mellon Premium Finance Loan Owner Trust)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Subordinated Debt Securities Indenture.

Appears in 2 contracts

Sources: Indenture Agreement (Lloyds TSB Bank PLC), Indenture (Royal Bank of Scotland Group PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and an subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Sources: Indenture (Belo a H Corp), Indenture (Belo a H Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Senior Debt Securities Indenture.

Appears in 2 contracts

Sources: Indenture Agreement (Lloyds TSB Bank PLC), Indenture (Royal Bank of Scotland Group PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire acquires a conflicting interest interest” within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Neither the Company nor any Affiliate of the Company shall serve as the Trustee. The Trustee is subject to Section 310(b) of the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (Texas Unwired), Indenture (Texas Unwired)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture ActAct with respect to the Securities of any series, the Trustee it shall either eliminate such conflicting interest or resignresign with respect to the Securities of such series, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Sources: Indenture (Energy Partners LTD), Indenture (Energy Partners LTD)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, then the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Sources: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, by and subject to the provisions provi- sions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Sources: Indenture (Western Resources Capital Ii), Indenture (Western Resources Inc /Ks)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire acquires a "conflicting interest interest" within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Neither the Company nor any Affiliate of the Company shall serve as the Trustee. The Trustee is subject to Section 310(b) of the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (Rural Cellular Corp), Indenture (Rural Cellular Corp)

Disqualification; Conflicting Interests. If the ---------------------------------------- Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Sources: Indenture (Afc Enterprises Inc), Indenture (Xerox Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resignresign as Trustee hereunder, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Sources: Indenture (Asm International N V), Indenture Agreement (Protein Design Labs Inc/De)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest interest, within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Sources: Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by the Trust Indenture Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under the Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Sources: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture ActAct (assuming it was applicable), the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Royal Caribbean Cruises LTD)

Disqualification; Conflicting Interests. If the Trust Indenture Act shall be applicable to a series of Securities issued hereunder and the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, then the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Midamerican Energy Holdings Co /New/)

Disqualification; Conflicting Interests. If the Trustee --------------------------------------- has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Nationwide Financial Services Inc/)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, resign to the extent and in the manner provided by, and subject to the provisions of, of the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Sources: Indenture (Solutia Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture Agreement (Star Banc Corp /Oh/)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Subordinated Indenture.

Appears in 1 contract

Sources: Subordinated Indenture (Scottish Power Finance (US) Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Form of Indenture.

Appears in 1 contract

Sources: Indenture (Medallion Financial Corp)

Disqualification; Conflicting Interests. If the Indenture Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Indenture Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Breed Technologies Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the 62 -55- Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Atlas Air Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Capital Securities Indenture.

Appears in 1 contract

Sources: Indenture (Royal Bank of Scotland Group PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, by and subject to the provisions of, of the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Sources: Indenture (Southwestern Public Service Co)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Inden ture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Central Parking Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, by and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Capita Preferred Trust)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, resign to the extent and in the manner provided by, and subject to the provisions of, of the Trust Indenture Act and this Second Supplemental Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under the Base Indenture with respect to Securities of more than one series.

Appears in 1 contract

Sources: Second Supplemental Indenture (Solutia Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. The Declaration and the Guarantee shall be deemed to be specifically described in this Indenture for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.

Appears in 1 contract

Sources: Indenture (Calpine Corp)

Disqualification; Conflicting Interests. If the Trust Indenture Act shall be applicable to a series of Securities issued hereunder and if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, then the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Sources: Indenture (Cilcorp Inc)