Common use of Company-Owned Securities Disregarded Clause in Contracts

Company-Owned Securities Disregarded. In determining whether the holders of the requisite aggregate principal amount of Securities have concurred in any direction, consent, waiver or other action under this Indenture, Securities which are owned by the Company or any other obligor on the Securities or any Affiliate of the Company or any other obligor on the Securities shall be disregarded and deemed not to be outstanding for the purpose of any such determination; PROVIDED that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver or other action, only Securities which a Responsible Officer actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith may be regarded as outstanding for the purposes of this Section 7.04 if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right to vote such Securities and that the pledgee is not the Company, any other obligor on the Securities or any Affiliate of the Company or any such other obligor. In the case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the Company shall furnish to the Trustee promptly an Officers' Certificate listing and identifying all Securities, if any, known by the Company to be owned or held by or for the account of any of the above described Persons, and, subject to Section 6.01, the Trustee shall be entitled to accept such Officers' Certificate as conclusive evidence of the facts therein set forth and of the fact that all Securities not listed therein are outstanding for the purpose of any such determination.

Company-Owned Securities Disregarded. In determining whether the holders Holders of the requisite aggregate principal amount of Securities (or of any series of Securities) have concurred in any direction, consent, waiver direction or other action consent under this Indenture, Securities which are owned by the Company or any other obligor on the Securities or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Securities shall be disregarded and deemed not to be outstanding Outstanding for the purpose propose of any such determinationdeterminations; PROVIDED provided, however, that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver direction or other action, consent only the Securities which a Responsible Officer of the Trustee actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith may be regarded as outstanding for the purposes of Outstanding notwithstanding this Section 7.04 8.04 if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right of the pledgee to vote such Securities and that the pledgee is not the Company, any other obligor on the Securities a Person directly or any Affiliate of indirectly controlling or controlled by or under direct or indirect common control with the Company or any such other obligor. In the case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the Company shall furnish to the Trustee promptly an Officers' Certificate listing and identifying all Securities, if any, known by the Company to be owned or held by or for the account of the Company or any of other obligor on such Securities or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the above described Persons, Company or any other obligor on such Securities; and, subject to the provisions of Section 6.017.01, the Trustee shall be entitled to accept such Officers' Certificate Certificates as conclusive evidence of the facts therein set forth and of the fact that all such Securities not listed therein are outstanding Outstanding for the purpose of any such determination.

Company-Owned Securities Disregarded. In determining whether the holders of the requisite aggregate principal amount of Securities have concurred in any direction, consent, waiver or other action under this Indenture, Securities which are owned by the Company or any other obligor on the Securities or any Affiliate of the Company or any other obligor on the Securities shall be disregarded and deemed not to be outstanding for the purpose of any such determination; PROVIDED provided that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver or other action, only Securities which a Responsible Officer actually knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith may be regarded as outstanding for the purposes of this Section 7.04 if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right to vote such Securities and that the pledgee is not the Company, any other obligor on the Securities or any Affiliate of the Company or any such other obligor. In the case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the Company shall furnish to the Trustee promptly an Officers' Certificate listing and identifying all Securities, if any, known by the Company to be owned or held by or for the account of any of the above described Persons, and, subject to Section 6.01, the Trustee shall be entitled to accept such Officers' Certificate as conclusive evidence of the facts therein set forth and of the fact that all Securities not listed therein are outstanding for the purpose of any such determination.

Company-Owned Securities Disregarded. In determining whether the holders Holders of the requisite aggregate principal amount of Securities have concurred in any direction, consent, waiver direction or other action consent under this Indenture, Securities which are owned by the Company or any other obligor on the Securities or by any Affiliate of Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Company or any other obligor on the Securities shall be disregarded and deemed not to be outstanding Outstanding for the purpose propose of any such determinationdeterminations; PROVIDED provided, however, that for the purposes of determining whether the Trustee shall be protected in relying on any such direction, consent, waiver direction or other action, consent only the Securities which a Responsible Officer actually the Trustee knows are so owned shall be so disregarded. Securities so owned which have been pledged in good faith may be regarded as outstanding for the purposes of Outstanding notwithstanding this Section 7.04 9.04 if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right of the pledgee to vote such Securities and that the pledgee is not the Company, any other obligor on the Securities a Person directly or any Affiliate of indirectly controlling or controlled by or under direct or indirect common control with the Company or any such other obligor. In the case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the Company shall furnish to the Trustee promptly an Officers' Officer's Certificate listing and identifying all Securities, if any, known by the Company to be owned or held by or for the account of the Company or any of other obligor on such Securities or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with the above described Persons, Company or any other obligor on such Securities; and, subject to the provisions of Section 6.018.01, the Trustee shall be entitled to accept such Officers' Certificate Certificates as conclusive evidence of the facts therein set forth and of the fact that all such Securities not listed therein are outstanding Outstanding for the purpose of any such determination.