Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 258 contracts
Sources: Subordinated Indenture (Gulfport Appalachia, LLC), Subordinated Indenture (Mind Technology, Inc), Junior Subordinated Indenture (Enstar Group LTD)
Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 233 contracts
Sources: Junior Subordinated Indenture (Renasant Corp), Junior Subordinated Indenture (Renasant Corp), Junior Subordinated Indenture (Paragon Commercial CORP)
Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 151 contracts
Sources: Subordinated Indenture (Principal Financial Services Inc), Junior Subordinated Indenture (Principal Financial Group Inc), Junior Subordinated Indenture (Principal Financial Group Inc)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 141 contracts
Sources: Indenture (Tib Financial Corp.), Indenture (Tib Financial Corp.), Indenture (Southern Heritage Bancorp Inc)
Trustee to Effectuate Subordination. Each Holder holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 107 contracts
Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Wesbanco Inc), Indenture (FMC Corp)
Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and 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 and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 43 contracts
Sources: Indenture (Monmouth Real Estate Investment Corp), Indenture (Chiron Corp), Indenture (Bea Systems Inc)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 34 contracts
Sources: Indenture (Denbury Resources Inc), Indenture (Columbus McKinnon Corp), Purchase Agreement (Amh Holdings, LLC)
Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 28 contracts
Sources: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (American Safety Insurance Group LTD)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 19 contracts
Sources: Indenture (Carter William Co /Ga/), Indenture (Day International Group Inc), Indenture (Hexcel Corp /De/)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 16 contracts
Sources: Indenture (Verso Paper Corp.), Third Supplemental Indenture (Verso Paper Corp.), Indenture (Covalence Specialty Adhesives LLC)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of any Subsidiary Guarantor as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 16 contracts
Sources: Indenture (Denbury Resources Inc), Indenture (Columbus McKinnon Corp), Purchase Agreement (Amh Holdings, LLC)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fifteen and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 15 contracts
Sources: Indenture (Countrywide Financial Corp), Indenture (Citicorp), Indenture (Countrywide Capital Ii)
Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and 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 XIV and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 15 contracts
Sources: Senior Subordinated Indenture (United Rentals Realty, LLC), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder’s acceptance thereof authorizes and directs the Trustee on his such Holder’s behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIV and appoints the Trustee his such Holder’s attorney-in-fact for any and all such purposes.
Appears in 13 contracts
Sources: Third Supplemental Indenture (Validus Holdings LTD), Third Supplemental Indenture (Validus Holdings LTD), Junior Subordinated Indenture (Northstar Realty)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of each of the Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 12 contracts
Sources: Indenture (Verso Paper Corp.), Third Supplemental Indenture (Verso Paper Corp.), Indenture (Covalence Specialty Adhesives LLC)
Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.
Appears in 11 contracts
Sources: Indenture (Aimco Properties Lp), Subordinated Debt Securities Indenture (Walt Disney Co/), Indenture (Aimco Properties Lp)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 10 contracts
Sources: Indenture (Eye Care Centers of America Inc), Indenture (Community Health Systems Inc), Indenture (Nebraska Book Co)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness and Guarantor Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 9 contracts
Sources: Indenture (H R Window Supply Inc), Indenture (MBW Foods Inc), Indenture (Windy Hill Pet Food Co Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XIV and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 8 contracts
Sources: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (Navistar, Inc.)
Trustee to Effectuate Subordination. Each Holder of a Security by his his, her or its acceptance thereof authorizes and directs the Trustee on his his, her or its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his his, her or its attorney-in-fact for any and all such purposes.
Appears in 8 contracts
Sources: Junior Subordinated Indenture (Great Wolf Resorts, Inc.), Junior Subordinated Indenture (Plains Capital Corp), Junior Subordinated Indenture (Comstock Homebuilding Companies, Inc.)
Trustee to Effectuate Subordination. Each Holder holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 8 contracts
Sources: Indenture (Itron Inc /Wa/), Indenture (Magnum Hunter Resources Inc), Indenture (American Residential Services Inc)
Trustee to Effectuate Subordination. Each Holder of by accepting a Subordinated Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders of Subordinated Securities and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 8 contracts
Sources: Indenture (Heritage Operating Lp), Indenture (ETC Texas Pipeline, LTD), Indenture (Heritage Propane Partners L P)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness as provided in this Article Ten and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Indenture (Commscope Inc), Indenture (Affymetrix Inc), Indenture (Human Genome Sciences Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and 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 and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Indenture (Centennial Puerto Rico Operations Corp), Indenture (Centennial Puerto Rico Operations Corp), Indenture (Park Place Entertainment Corp)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder ----------------------------------- by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Indenture (First Banks, Inc), Indenture (Intervest Bancshares Corp), Indenture (First Banks, Inc)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Indenture (Viasystems Inc), Indenture (Fisher Scientific International Inc), Indenture (Fisher Scientific International Inc)
Trustee to Effectuate Subordination. Each Holder of a Security Security, by his its acceptance thereof thereof, authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIII and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Colonial Bancgroup Inc)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of any Guarantor as provided in this Article Twelve and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 7 contracts
Sources: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of each of the Subsidiary Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 6 contracts
Sources: Indenture (Alliant Techsystems Inc), Indenture (Wki Holding Co Inc), Indenture (Dex Media West LLC)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge and effectuate the subordination provided in this Article XI and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 6 contracts
Sources: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on in his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fourteen and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 6 contracts
Sources: Indenture (Pinnacle West Capital Corp), Indenture (Impac Mortgage Holdings Inc), Indenture (Pinnacle West Capital Corp)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as is necessary or as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesThirteen.
Appears in 6 contracts
Sources: Indenture (Newmont Usa LTD), Subordinated Debt Indenture (Ahold Finance Usa Inc), Indenture (Newmont Mining Corp /De/)
Trustee to Effectuate Subordination. Each Holder of a Security Security, by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 6 contracts
Sources: Indenture (Dime Bancorp Inc), Indenture (Golden Star Resources LTD), Indenture (Dime Bancorp Inc)
Trustee to Effectuate Subordination. Each Holder holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Seventeen and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 6 contracts
Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Designated Senior Debt of any Subsidiary Guarantor as provided in this Article XI and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 6 contracts
Sources: Indenture (Alamosa Delaware Inc), Indenture (Alamosa Holdings Inc), Indenture (Alamosa Holdings LLC)
Trustee to Effectuate Subordination. Each Holder holder of a Security Guarantee by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Eighteen and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)
Trustee to Effectuate Subordination. Each Holder holder of a Security by his or her acceptance thereof authorizes and 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 5 and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Einstein Noah Bagel Corp), Indenture (Asc Holdings Inc), Indenture (Boston Chicken Inc)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Guarantor Senior Indebtedness as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Eye Care Centers of America Inc), Indenture (Community Health Systems Inc), Indenture (Nebraska Book Co)
Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fifteen and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Hewlett Packard Enterprise Co), Indenture (Hp Inc), Indenture (Epicor Software Corp)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his ----------------------------------- such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Gateway Bancshares Inc /Ga/), Indenture (Intervest Bancshares Corp), Indenture (Alabama National Bancorporation)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of any Guarantor as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Koll Donald M), Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-in- fact for any and all such purposes.
Appears in 5 contracts
Sources: Junior Subordinated Indenture (Jeffbanks Inc), Junior Subordinated Indenture (Banponce Corp), Junior Subordinated Indenture (MRM Capital Trust Iii)
Trustee to Effectuate Subordination. Each The Holder of a each Security by his acceptance thereof authorizes and directs the Trustee on in his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as provided in this Article and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 5 contracts
Sources: Indenture (Staples Inc), Indenture (Loral Space & Communications LTD), Indenture (Staples Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his his, her or its acceptance thereof authorizes and directs the Trustee on his his, her or its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Deerfield Capital Corp.), Junior Subordinated Indenture (Deerfield Capital Corp.), Junior Subordinated Indenture (Deerfield Triarc Capital Corp)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Indenture (Neenah Foundry Co), Indenture (Peninsula Cellular Services Inc), Indenture (Richmont Marketing Specialists Inc)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Junior Subordinated Indenture (Spinnaker Exploration Co), Junior Subordinated Indenture (Dynegy Capital Trust Iii), Junior Subordinated Indenture (Continental Airlines Finance Trust Iii)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Indenture (Gibraltar Industries, Inc.), Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc), Fixed Term Subordinated Indenture (Mitsubishi Ufj Financial Group Inc), Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-in- fact for any and all such purposes.
Appears in 4 contracts
Sources: Indenture (Sierra Health Services Inc), Convertible Subordinated Notes Agreement (America Online Inc), Subordinated Indenture (Eastern Environmental Services Inc)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of any Subsidiary Guarantor as provided in this Article 3 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Indenture (Gutbusters Pty LTD), Dollar Securities Indenture (Gutbusters Pty LTD), Guarantee Agreement (Gutbusters Pty LTD)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of either of the Issuers as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Indenture (Dex Media West LLC), Indenture (Dex Media Inc), Indenture (Dex Media International Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and 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 5 and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 4 contracts
Sources: Indenture (Act Manufacturing Inc), Indenture (Equity Corp International), Indenture (Usinternetworking Inc)
Trustee to Effectuate Subordination. Each Holder of a ----------------------------------- Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-in- fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Times Mirror Co /New/), Indenture (Tritel Finance Inc), Indenture (Merrill Lynch Preferred Capital Trust V)
Trustee to Effectuate Subordination. Each Holder holder of a Security of any series by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Wellman Inc), Indenture (Raytheon Co/), Indenture (Comerica Inc /New/)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as is necessary or as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesTwelve.
Appears in 3 contracts
Sources: Subordinated Debt Indenture (Ahold Finance Usa Inc), Subordinated Debt Indenture (Royal Ahold), Subordinated Debt Indenture (Royal Ahold)
Trustee to Effectuate Subordination. Each Holder by his acceptance of a Security by his acceptance thereof or Securities authorizes and directs the Trustee on in his behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof thereof, whether upon original issue or upon transfer or assignment, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided provisions in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Capital Markets Co), Subordinated Indenture (Cadiz Inc)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his ------------------------------------ such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Florida Banks Inc), Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp)
Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesArticle.
Appears in 3 contracts
Sources: Indenture (Wendys International Inc), Indenture (Wendys International Inc), Indenture (M I Schottenstein Homes Inc)
Trustee to Effectuate Subordination. Each Holder Securityholder by such Securityholder’s acceptance of a Security by his acceptance thereof the Securities authorizes and directs the Trustee on his such Securityholder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder’s attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (State National Companies, Inc.), Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)
Trustee to Effectuate Subordination. Each Holder of ------------------------------------ Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Telecorp Tritel Holding Co), Indenture (DR Sales Inc), Indenture (Telecorp PCS Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 13 and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (American Financial Group Inc), Indenture (Provident Capital Trust Iv), Indenture (American Annuity Group Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 12 and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Idec Pharmaceuticals Corp / De), Indenture (Allergan Inc), Indenture (TJX Companies Inc /De/)
Trustee to Effectuate Subordination. Each The Holder of a each Security by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as provided in this Article and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of each of the Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Volume Services America Inc), Indenture (Volume Services America Holdings Inc), Indenture (Volume Services America Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article 11 and appoints the Trustee his or her attorney-in-fact for any and all such purposespurpose.
Appears in 3 contracts
Sources: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIV and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: First Supplemental Indenture (Northern Trust Corp), Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Associated Banc-Corp)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Trustee to Effectuate Subordination. Each Holder of a Security Noteholder by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 3 contracts
Sources: Indenture (Abn Amro Bank Nv), Indenture (Bank Bradesco), First Supplemental Indenture (Abn Amro Bank Nv)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as is necessary or as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesEleven.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (Stolt Offshore S A), Subordinated Debt Indenture (Stolt Offshore S A)
Trustee to Effectuate Subordination. Each Holder holder of a Security Securities by his such holder's acceptance thereof authorizes and directs the Trustee on his such holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such holder's attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co)
Trustee to Effectuate Subordination. Each Holder or beneficial owner of a Security by his its acceptance thereof thereof, authorizes and 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 and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
Trustee to Effectuate Subordination. Each Holder holder of a Security and any coupons appertaining thereto by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-attorney- in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)
Trustee to Effectuate Subordination. Each Holder of a Security or Coupon by his or her acceptance thereof authorizes and 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 and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging Corp)
Trustee to Effectuate Subordination. Each Holder of a Security the Securities by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs National Corp)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder, by his such Securityholder's acceptance thereof thereof, authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of the Subsidiary Guarantor as provided in this Article III and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Subsidiary Guaranty (Buffets Inc), Subsidiary Guaranty (Buffets Inc)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Guarantor Senior Indebtedness and Senior Indebtedness of the Company as provided in this Article III and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Nebraska Book Co), Indenture (NBC Acquisition Corp)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of the Issuer as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Berry Plastics Holding Corp), Indenture (Seagate Technology Malaysia Holding Co Cayman Islands)
Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and 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 12 and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Global Telesystems Group Inc), Indenture (Commonwealth Telephone Enterprises Inc /New/)
Trustee to Effectuate Subordination. Each Holder of ----------------------------------- Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of any Guarantor as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Blum Capital Partners Lp), Indenture (Cbre Holding Inc)
Trustee to Effectuate Subordination. Each Holder holder of a Security Subordinated Debentures, by his such holder's acceptance thereof thereof, authorizes and directs the Trustee on his such holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his such holder's attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Supplemental Indenture (Illinova Corp), First Supplemental Indenture (Illinois Power Co)
Trustee to Effectuate Subordination. Each Holder holder of Securities by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the holders of Securities and the holders of Senior Indebtedness as provided in this Article Fourteen and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Subordinated Debt Indenture (General Electric Capital Corp), Subordinated Debt Indenture (General Electric Capital Corp)
Trustee to Effectuate Subordination. Each Holder of ------------------------------------ Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of each of the Subsidiary Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Telecorp Tritel Holding Co), Indenture (Telecorp PCS Inc)
Trustee to Effectuate Subordination. Each Holder of a Security Security, by his such Holder's acceptance thereof thereof, authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fourteen and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc)
Trustee to Effectuate Subordination. Each Holder holder of a Security Subsidiary Guarantee, by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XI and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Navistar International Corp /De/New), First Supplement to Indenture (International Truck & Engine Corp)
Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder’s acceptance thereof authorizes and directs the Trustee on his such Securityholder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder’s attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Flagstar Bancorp Inc), Indenture (ACA Capital Holdings Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 11 and appoints the Trustee his attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)
Trustee to Effectuate Subordination. Each Holder of a ----------------------------------- Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of the Company as provided in this Article 6 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Trustee to Effectuate Subordination. Each Holder of ----------------------------------- Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Delco Remy International Inc), Indenture (Fs Equity Partners Iii Lp)
Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes. SECTION 1108.
Appears in 2 contracts
Sources: Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust I)
Trustee to Effectuate Subordination. Each Holder holder of a any Security by his its acceptance thereof authorizes and 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 and appoints the Trustee his its attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Credit Agreement (Masco Corp /De/), Credit Agreement (Mascotech Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his such ▇▇▇▇▇▇’s acceptance thereof authorizes and directs the Trustee on his such ▇▇▇▇▇▇’s behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article Article Fourteen and appoints the Trustee his such Holder’s attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Subordinated Indenture (Aetna Inc /Pa/), Subordinated Indenture (Aetna Inc /Pa/)
Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Guarantor Senior Indebtedness and Senior Indebtedness of the Company as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Advanstar Communications Inc), Indenture (Selfix Inc /De/)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Guarantor Senior Indebtedness as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Gibraltar Industries, Inc.), Indenture (Gibraltar Industries, Inc.)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination 100 between the Holders and the holders of Senior Indebtedness of each of the Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)
Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Designated Senior Debt of any Subsidiary Guarantor as provided in this Article Fifteen and appoints the Trustee his as attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Indenture (Globix Corp), Indenture (General Media Inc)
Trustee to Effectuate Subordination. Each Holder of a Security by his his, her or its acceptance thereof authorizes and directs the Trustee on his his, her or its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article 3 and appoints the Trustee his or her attorney-in-fact for any and all such purposes.
Appears in 2 contracts
Sources: Supplemental Indenture (Cifc LLC), Supplemental Indenture (Cifc LLC)