Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 4 contracts
Sources: Indenture (Ingram Micro Inc), Indenture (CFW Communications Co), Indenture (Extended Stay America Inc)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in of indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 3 contracts
Sources: Indenture (Pagemart Wireless Inc), Indenture (Scotsman Industries Inc), Indenture (Scotsman Industries Inc)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his its acceptance of any Notes authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, and appoints the Trustee his its attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 2 contracts
Sources: Indenture (Silgan Holdings Inc), Indenture (Ccir of California Corp)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder holder of Notes by his acceptance of any Notes authorizes and expressly directs the Trustee on its, his or her behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article TenXV, and appoints the Trustee its, his or her attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its its, his or her Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holdersholders.
Appears in 2 contracts
Sources: Indenture (Agco Corp /De), Indenture (Agco Corp /De)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten15, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holdersholders.
Appears in 1 contract
Sources: Indenture (Agco Corp /De)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article TenXIV, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holdersholders.
Appears in 1 contract
Sources: Indenture (Agco Corp /De)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder of the Notes by his acceptance of any Notes thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, 6 and appoints the Trustee his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company Issuer (whether in bankruptcy, insolvencyinsolvency or receivership proceedings, receivership, reorganization or similar proceedings voluntary liquidation or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property business and assets of the CompanyIssuer, the timely filing of a claim for the unpaid balance of its or his Notes in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof in indebtedness of debt in the form required in such proceeding at least on or prior to 30 days before the expiration of the time to file such claim or claims, each holder then the holders of Senior Indebtedness is of the Issuer have the right to file and are hereby authorized to file an appropriate claim for and on behalf of the HoldersHolders of said Notes.
Appears in 1 contract
Sources: First Supplemental Indenture (Hovnanian Enterprises Inc)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company or any Subsidiary Guarantor (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the CompanyCompany or any Subsidiary Guarantor, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 1 contract
Sources: Indenture (Knowles Electronics LLC)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten14, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 1 contract
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 1 contract
Sources: Indenture (Regal Cinemas Inc)
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his or her acceptance of any Notes authorizes and expressly directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article TenEleven, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 1 contract
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder by his acceptance of any Notes authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article TenX, and appoints the Trustee his attorney-in-fact for such purposes, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property and assets of the Company, the filing of a claim for the unpaid balance of its Notes in the form required in those proceedings. If the Trustee does not file a proper claim or proof in indebtedness in the form required in such proceeding at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders.
Appears in 1 contract
Holders Authorize Trustee To Effectuate Subordination of Notes. Each Holder of the Notes by his acceptance of any Notes thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Ten, 10 and appoints the Trustee his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company Issuer (whether in bankruptcy, insolvencyinsolvency or receivership proceedings, receivership, reorganization or similar proceedings voluntary liquidation or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the property business and assets of the CompanyIssuer, the timely filing of a claim for the unpaid balance of its or his Notes in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof in indebtedness of debt in the form required in such proceeding at least on or prior to 30 days before the expiration of the time to file such claim or claims, each holder then the holders of Senior Indebtedness is Debt of the Issuer have the right to file and are hereby authorized to file an appropriate claim for and on behalf of the HoldersHolders of said Notes.
Appears in 1 contract