Common use of Preferential Collection of Claims Against the Company Clause in Contracts

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 72 contracts

Sources: Indenture (Target Hospitality Corp.), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 56 contracts

Sources: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp), Indenture (Marina Biotech, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated therein.

Appears in 44 contracts

Sources: Subordinated Indenture (Precipio, Inc.), Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 37 contracts

Sources: Indenture (ExamWorks Group, Inc.), Indenture (Verity Administrators, Inc.), Indenture (CONSOL Energy Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.

Appears in 34 contracts

Sources: Indenture (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Indenture (OneMain Financial Holdings, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated.

Appears in 31 contracts

Sources: Indenture (XPO, Inc.), Indenture (XPO, Inc.), Indenture (XPO, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 28 contracts

Sources: Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)

Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 27 contracts

Sources: Indenture (Davita Inc.), Indenture (Davita Inc.), First Supplemental Indenture (Western Digital Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 23 contracts

Sources: Indenture (Cleveland-Cliffs Inc.), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § 311(bSection 311 (b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 23 contracts

Sources: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.

Appears in 22 contracts

Sources: Indenture (Charter Communications Inc /Mo/), Indenture (Autonation Inc /Fl), Indenture (Charter Communications Inc /Mo/)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed described in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated included therein.

Appears in 21 contracts

Sources: Indenture (Cheniere Energy Inc), Indenture (Adc Telecommunications Inc), Purchase Agreement (C&d Technologies Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § section 311(a) of the TIA to the extent indicated therein.

Appears in 14 contracts

Sources: Indenture (Ameriking Inc), Indenture (Ameriking Inc), Indenture (Ameriking Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to and shall comply with the provisions of TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 13 contracts

Sources: Indenture (Helix Energy Solutions Group Inc), Indenture (Hilltop Holdings Inc.), Indenture (Tellurian Inc. /De/)

Preferential Collection of Claims Against the Company. The Trustee is subject to and shall comply with the provisions of TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 13 contracts

Sources: Indenture (Conocophillips Co), Indenture (Phillips 66 Co), Indenture (Shell International Finance B.V.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a311 (a) to the extent indicated therein.

Appears in 12 contracts

Sources: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein.

Appears in 10 contracts

Sources: Indenture (CVR Energy Inc), Indenture (CVR Energy Inc), Indenture (Extraction Oil & Gas, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein. The provisions of TIA § 311 shall apply to the Company and any other obligor of the Notes.

Appears in 9 contracts

Sources: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)

Preferential Collection of Claims Against the Company. The Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 9 contracts

Sources: Indenture (Intervest Bancshares Corp), Indenture (Intervest Bancshares Corp), Indenture (Intervest Corporation of New York)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.

Appears in 9 contracts

Sources: Indenture (Brand Scaffold Services Inc), Indenture (Manischewitz B Co LLC), Indenture (Sf Holdings Group Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.

Appears in 7 contracts

Sources: Indenture (Usa Education Inc), Indenture (Usa Education Inc), Indenture (U S West Inc /De/)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company and each Guarantor as obligors of the Notes.

Appears in 6 contracts

Sources: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company and any other obligor of the Securities.

Appears in 6 contracts

Sources: Indenture (Ackerley Group Inc), Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Media Mw Sign Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated therein.

Appears in 6 contracts

Sources: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP), Indenture (EnLink Midstream Partners, LP)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.

Appears in 6 contracts

Sources: Indenture (Encore Industries Inc /Ga), Indenture (Talton Invision Inc), Indenture (Diamond Brands Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company and any other obligor of the Notes.

Appears in 5 contracts

Sources: Indenture (Cambridge Industries Inc /De), Indenture (Huntsman Texas Holdings LLC), Indenture (Tioxide Americas Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § ss. 311(a), excluding from the operation of TIA ss. 311(a) any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.

Appears in 4 contracts

Sources: Indenture (BMCA Quakertown Inc.), Indenture (Building Materials Corp of America), Indenture (Building Materials Corp of America)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor of the Notes.

Appears in 4 contracts

Sources: Indenture (Kci New Technologies Inc), Indenture (3003969 Nova Scotia LTD), Indenture (Safety Components Fabric Technologies Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who which has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.

Appears in 3 contracts

Sources: Indenture (Goss Graphic Systems Inc), Indenture (Goss Holdings Inc), Indenture (Nations Title Co Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA, as if this Indenture were governed by the same. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated, as if this Indenture were governed by the same.

Appears in 3 contracts

Sources: Indenture (Specialty Chemical Resources Inc), Indenture (Specialty Chemical Resources Inc), Indenture (Specialty Chemical Resources Inc)

Preferential Collection of Claims Against the Company. The Trustee with respect to each series of Securities is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 3 contracts

Sources: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A retiring Trustee who has either resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 3 contracts

Sources: Indenture (EM Holdings LLC), Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with ss. TIA § 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 3 contracts

Sources: Indenture (Rj Reynolds Tobacco Holdings Inc), Indenture (RJR Acquisition Corp), Indenture (Reynolds R J Tobacco Co)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 2 contracts

Sources: Indenture (Basic Energy Services Inc), Indenture (CONSOL Mining Corp)

Preferential Collection of Claims Against the Company. The ------------------------------------------------------ Trustee is shall be subject to TIA § Sec. 311(a), excluding any creditor relationship listed arising as provided in TIA § Sec. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Sec. 311(a) to the extent indicated thereinindicated.

Appears in 2 contracts

Sources: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor on the Notes.

Appears in 2 contracts

Sources: Indenture (Magnum Hunter Resources Inc), Indenture (Magnum Hunter Resources Inc)

Preferential Collection of Claims Against the Company. The ------------------------------------------------------ Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 2 contracts

Sources: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor of the Notes.

Appears in 2 contracts

Sources: Indenture (Atc Group Services Inc /De/), Indenture (Philipp Brothers Chemicals Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § { 311(a), excluding from the operation of TIA { 311(a) any creditor relationship listed in TIA § { 311(b). A Trustee who has resigned or been removed shall be subject to TIA § { 311(a) to the extent indicated therein.

Appears in 2 contracts

Sources: Indenture (Isp Holdings Inc), Indenture (Isp Holdings Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a(S)311(a), excluding any creditor relationship listed in TIA § 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a(S)311(a) to the extent indicated therein.

Appears in 2 contracts

Sources: Indenture (Finova Group Inc), Indenture (Finova Group Inc)

Preferential Collection of Claims Against the Company. The Upon and so long as the Indenture is qualified under the TIA, the Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be is subject to TIA § Section 311(a) to the extent indicated thereinindicated.

Appears in 2 contracts

Sources: Indenture (German American Bancorp, Inc.), Indenture (German American Bancorp, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.

Appears in 2 contracts

Sources: Indenture (Metris Companies Inc), Indenture (Metris Direct Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company and any other obligor of the Notes.

Appears in 2 contracts

Sources: Indenture (Railworks Corp), Indenture (Huntsman Packaging Corp)

Preferential Collection of Claims Against the Company. The If, and to the extent that, this Indenture becomes qualified under the TIA, the Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 2 contracts

Sources: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who that has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein, as qualified by TIA Section 311(b).

Appears in 2 contracts

Sources: Indenture (Associated Materials Inc), Indenture (Associated Materials Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company and each of the Guarantors as obligor on the Notes.

Appears in 2 contracts

Sources: Indenture (North Atlantic Trading Co Inc), Indenture (North Atlantic Trading Co Inc)

Preferential Collection of Claims Against the Company. The ----------------------------------------------------- Trustee is shall be subject to TIA § Sec. 311(a), excluding any creditor relationship listed arising as provided in TIA § Sec. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Sec. 311(a) to the extent indicated thereinindicated.

Appears in 2 contracts

Sources: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who which has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 2 contracts

Sources: Senior Indenture (CVS Corp), Senior Indenture (CVS Corp)

Preferential Collection of Claims Against the Company. The Trustee is and shall be subject to the provisions of TIA § §311(a). There shall be excluded from the operation of TIA §311(a) for all purposes, excluding any each creditor relationship described or listed in TIA § §311(b). A Trustee who that has resigned or been removed shall be subject to and shall comply with TIA § §311(a) to the extent indicated thereinrequired thereby.

Appears in 2 contracts

Sources: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)

Preferential Collection of Claims Against the Company. The Trustee is and shall be subject to the provisions of TIA § 311(a(S)311(a). There shall be excluded from the operation of TIA (S)311(a) for all purposes, excluding any each creditor relationship described or listed in TIA § 311(b(S)311(b). A Trustee who that has resigned or been removed shall be subject to and shall comply with TIA § 311(a(S)311(a) to the extent indicated thereinrequired thereby.

Appears in 2 contracts

Sources: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with § TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Reynolds American Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a)shall comply with Section 311 (a) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Abercrombie & Fitch Co /De/)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to comply with TIA § 311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Plantronics Inc /Ca/)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Sources: Indenture (Delta Financial Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.TIA

Appears in 1 contract

Sources: Senior Subordinated Indenture (Pasta Group L L C)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. ARTICLE VIII LEGAL DEFEASANCE AND COVENANT DEFEASANCE SECTION

Appears in 1 contract

Sources: Indenture (TransDigm Group INC)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company and any other obligor of the Senior Notes.

Appears in 1 contract

Sources: Indenture (Superior Financial Corp /Ar/)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.indicated

Appears in 1 contract

Sources: Settlement Agreement (Huntsman CORP)

Preferential Collection of Claims Against the Company. (a) The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. (b) For the purposes of interpreting TIA Section 311 under this Section 512 only:

Appears in 1 contract

Sources: Indenture (Aztar Corp)

Preferential Collection of Claims Against the Company. The Trustee trustee is subject to TIA § Section #311(a), excluding any creditor relationship listed in TIA § Section #311(b). A Trustee trustee who has resigned or been removed shall be subject to TIA § Section #311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Lear Corp /De/)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. The provisions of TIA § 311 shall apply to the Company and any other obligor of the Notes. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Huntsman Polymers Corp)

Preferential Collection of Claims Against the Company. The Trustee is shall be subject to to, and the Trustee shall at all times comply with, TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereintherein whether or not this Indenture is then qualified under the TIA.

Appears in 1 contract

Sources: Indenture (Hudson United Bancorp)

Preferential Collection of Claims Against the Company. The Trustee trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Lear Corp /De/)

Preferential Collection of Claims Against the Company. The ----------------------------------------------------- Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Intervest Mortgage Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) ), to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Gastar Exploration USA, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with ' TIA § 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Rj Reynolds Tobacco Holdings Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Cadmus Communications Corp/New)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § 311(b). A Any Trustee who that has resigned or been removed shall be is subject to TIA § (S) 311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (New Millennium Homes LLC)

Preferential Collection of Claims Against the Company. The Trustee is shall be subject to TIA § Section 311(a), excluding any creditor relationship listed arising as provided in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Intervest Corporation of New York)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. Table of Contents LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Sources: Indenture (Equinix Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA -53- § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Fresenius Medical Care AG & Co. KGaA)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.. 58 -52-

Appears in 1 contract

Sources: Indenture (Lin Television Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company and Holdings, as obligor on the Notes.

Appears in 1 contract

Sources: Indenture (Young America Holdings Inc)

Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Mezzanine Indenture (Waterford Wedgwood PLC)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. The provisions of TIA § 311 shall apply to the Company and any other obligor of the Notes. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE

Appears in 1 contract

Sources: Indenture (Huntsman LLC)

Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Integrated Energy Technologies Inc)

Preferential Collection of Claims Against the Company. The Trustee is shall be subject to TIA § 311(a), excluding any creditor relationship listed arising as provided in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Intervest Mortgage Corp)

Preferential Collection of Claims Against the Company. (a) The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein. (b) For the purposes of interpreting TIA (S) 311 under this Section 512 only:

Appears in 1 contract

Sources: Indenture (Aztar Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.. ARTICLE SEVEN

Appears in 1 contract

Sources: Indenture (Nutritional Sourcing Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated. Notwithstanding the foregoing, this Indenture is not qualified under the TIA and the TIA applies solely as expressly provided in Section 7.10 and this Section 7.11.

Appears in 1 contract

Sources: Indenture (Stem, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. -58-

Appears in 1 contract

Sources: Indenture (Fresenius Medical Care AG & Co. KGaA)

Preferential Collection of Claims Against the Company. The Following the qualification of this Indenture under the TIA, (i) the Trustee is shall be subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A , and (ii) a Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Lannett Co Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a(S)311(a), excluding any creditor relationship listed in TIA § 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a(S)311(a) to the extent indicated therein. The provisions of TIA (S)311 shall refer to the Company and any Guarantor, if applicable, as obligors in respect of the Securities.

Appears in 1 contract

Sources: Indenture (Oci N Corp)

Preferential Collection of Claims Against the Company. The Following the qualification of this Indenture under the TIA, (i) the Trustee is shall be subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A , and (ii) a Trustee who has resigned or been removed shall be subject to TIA § 311(a311(a ) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Getty Images Holdings, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. ARTICLE VIII LEGAL DEFEASANCE AND COVENANT DEFEASANCE Section

Appears in 1 contract

Sources: Supplemental Indenture (Altera Infrastructure L.P.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein. The provisions of TIA § 311 shall apply to the Company as obligor on the Notes.

Appears in 1 contract

Sources: Indenture (North Atlantic Holding Company, Inc.)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein. The provisions of TIA §311 shall apply to the Company and any other obligor of the Notes.

Appears in 1 contract

Sources: Indenture (Huntsman International LLC)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall refer to the Company and any Guarantor, if applicable, as obligors in respect of the Securities.

Appears in 1 contract

Sources: Indenture (Lamar Advertising Co)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § " 311(a), excluding any creditor relationship listed in TIA § " 311(b). A Trustee who has resigned or been removed shall be subject to TIA § " 311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Centennial Communications Corp)

Preferential Collection of Claims Against the Company. The ------------------------------------------------------- Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.

Appears in 1 contract

Sources: Indenture (Intervest Mortgage Corp)

Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(ass.311(a), excluding any creditor relationship listed in TIA § 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(ass.311(a) to the extent indicated therein.

Appears in 1 contract

Sources: Indenture (Hvide Marine Inc)

Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT

Appears in 1 contract

Sources: Indenture (Delta Financial Corp)