Common use of Control by Holders of Debt Securities Clause in Contracts

Control by Holders of Debt Securities. The Holders of not less than a majority in principal amount of the Outstanding Debt Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Debt Securities of such series, PROVIDED that (1) such direction shall not be in conflict with any rule of law or with this Indenture, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Debt Securities of such series not joining therein.

Appears in 4 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

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Control by Holders of Debt Securities. The Holders of not less than a majority in principal amount of the Outstanding Debt Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Debt Securities of such series, PROVIDED provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Debt Securities of such series not joining therein.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

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Control by Holders of Debt Securities. The Holders of not ------------------------------------- less than a majority in principal amount of the Outstanding Debt Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Debt Securities of such series, PROVIDED provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Debt Securities of such series not joining therein.

Appears in 1 contract

Samples: Indenture (Bre Properties Inc /Md/)

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