TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 15 contracts
Sources: Senior Indenture (Mohawk Industries Inc), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed another provision which is required or deemed to be included in this Indenture by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, such required or deemed provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 15 contracts
Sources: Indenture (Western Digital Corp), Indenture (WD Media, LLC), Indenture (Davita Healthcare Partners Inc.)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Sources: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I), Dollar Indenture (MDCP Acquisitions I)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by, or with another provision included in this Indenture by operation of, Sections 3.10 to 3.18, inclusive of the TIA, the such imposed duties, upon qualification of this Indenture under the TIA, duties or incorporated provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 3 contracts
Sources: Indenture (Trism Inc /De/), Indenture (Trism Inc /De/), Indenture (Trism Inc /De/)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed another provision which is required or deemed to be included in this Indenture by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, such required or deemed provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 3 contracts
Sources: Indenture (BWAY Holding CO), Indenture (Bway Corp), Indenture (Bway Corp)
TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, shall control. If any provision of this Indenture modifies or excludes ; provided, that if any provision of the TIA which may be so is modified or excludedwaived for purposes of this Indenture pursuant to the express terms hereof, the latter provision such waiver or modification shall be deemed to apply to given full force and effect for purposes of this Indenture as so modified to the extent such waiver or to be excluded, as modification is not violative of provisions of the case may beTIA.
Appears in 3 contracts
Sources: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (JCC Holding Co)
TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation TIA Section 318(c), such duties imposed by such section of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beapply.
Appears in 2 contracts
Sources: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of whether or not this Indenture has been qualified under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, then the latter applicable TIA provision shall be deemed to apply to this Indenture as so modified modified, or to shall be excluded, as the case may be.
Appears in 2 contracts
Sources: Indenture (Total Renal Care Holdings Inc), Indenture (General Semiconductor Inc)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification regardless of whether this Indenture has been qualified under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, then the latter applicable TIA provision shall be deemed to apply to this Indenture as so modified modified, or to shall be excluded, as the case may be.
Appears in 1 contract
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. 101
Appears in 1 contract
Sources: Euro Indenture (MDCP Acquisitions I)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.104
Appears in 1 contract
Sources: Indenture (Jazz Casino Co LLC)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of Section 3.18(c) of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Sources: Indenture (Preem Holdings Ab Publ)
TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of subsection (c) of Section 318 of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision The provisions of this Indenture modifies or excludes any provision Sections 310 to 317, inclusive, of the TIA which may be so modified or excluded, the latter provision shall be that impose duties on any Person (including provisions automatically deemed to apply to included in an indenture unless this Indenture as so modified or provides that such provisions are excluded) are a part of and govern this Indenture, except as, and to be excludedthe extent, expressly excluded from this Indenture, as permitted by the case may beTIA.
Appears in 1 contract
Sources: Indenture (Associated Materials Inc)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be. The Subsidiary Guarantor in addition to performing its obligations under the Subsidiary Guarantee shall perform such other obligations as may be imposed on it with respect to this Indenture under the TIA.
Appears in 1 contract
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.117
Appears in 1 contract
Sources: Indenture (Jacor Communications Inc)
TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed another provision which is required to be included in this Indenture by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall should be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Sources: Indenture (Aerosol Services Co Inc)
TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation TIA 'SS' 318(c), such duties imposed by such section of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beapply.
Appears in 1 contract
Sources: Indenture (Agere Systems Inc)