Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 55 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Control by Holders of Securities. The Holders of not less than a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is the Trustee need not take any action which might involve it in personal liability or be unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actiontherein.
Appears in 45 contracts
Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty OP, LLC), Indenture (Kimco Realty OP, LLC)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 22 contracts
Samples: Indenture (Reckson Services Industries Inc), Indenture (Reckson Associates Realty Corp), Indenture (CNF Transportation Inc)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 21 contracts
Samples: Indenture (Annaly Capital Management Inc), Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings LLC)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 12 contracts
Samples: Indenture (UAG Chantilly AU, LLC), Indenture (Tenneco Inc), Indenture (Tenneco Automotive Operating Co Inc)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series (or any other series) not joining in such action.
Appears in 10 contracts
Samples: Indenture (WPC Eurobond B.V.), Indenture (W. P. Carey Inc.), Indenture (W. P. Carey Inc.)
Control by Holders of Securities. The Holders of not less than a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such the Trustee may refuse to follow any direction which, in the Opinion of Counsel to the Trustee, is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionconsenting or would subject the Trustee to personal liability.
Appears in 7 contracts
Samples: Indenture Agreement (CBS Operations Inc.), Senior Subordinated Indenture (CBS Operations Inc.), Indenture (Viacom International Inc /De/)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series and any Coupons appertaining theretothat series, provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,Indenture;
(2b) the Trustee may take any other action deemed proper necessary by the Trustee which that is not inconsistent with such direction, ; and
(3c) the Trustee need not follow any such direction is not if doing so would in its reasonable discretion either involve it in personal liability or be unduly prejudicial to the rights of the other Holders of Securities of such that series not joining in such actiondirection.
Appears in 7 contracts
Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.), Indenture (Fibria Celulose S.A.)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 6 contracts
Samples: Annual Report, Indenture (Merrill Lynch & Co Inc), Indenture (Valero Energy Corp/Tx)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 5 contracts
Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (Partnerre Capital Trust Iii)
Control by Holders of Securities. The Subject to Section 601(e), the Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 4 contracts
Samples: Indenture (Apache Finance Canada Corp), Indenture (Apache Corp), Indenture (Apache Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, Securities; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesSecurities,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Limited Waiver (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Indenture (Elan Corp PLC)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with Indenture,
(2) the Trustee shall not determine that the action so directed is unduly prejudicial to the rights of other Holders of Securities of such series,, and
(23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Indenture (Comdisco Inc), Indenture (Comdisco Inc), Indenture (Comdisco Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any series the relevant series, by Act, 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1i) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3iii) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that:
(1) such direction shall not be in conflict with any rule of law or law, with this Indenture or with the Securities of such series,;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Indenture (Toyota Auto Lease Trust 1997-A), Indenture (Toyota Lease Trust), Indenture (Toyota Lease Trust)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesany series and shall not subject the Trustee to any personal liability,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Indenture (Nyc Newco Inc), Indenture (CSX Transportation Inc), Indenture (CSX Transportation Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Indenture (Radisys Corp), Indenture (Radisys Corp), Senior Indenture (Advanta Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided thatthat (subject to Section 6.1 below)
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 3 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD), Indenture (Assured Guaranty US Holdings Inc.)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, ; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 2 contracts
Samples: Subordinated Indenture (Kb Home), Senior Subordinated Indenture (Kb Home)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided provided, that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,Indenture;
(2b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, ; and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 2 contracts
Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,any series and would not involve the Trustee in personal liability;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 2 contracts
Samples: Indenture (JMP Group LLC), Indenture (JMP Group LLC)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, series; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series (or any other series) not joining in such action.
Appears in 2 contracts
Samples: Indenture, Indenture (Education Realty Operating Partnership L P)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper necessary by the Trustee which is not inconsistent with such direction, and
(3) the Trustee need not follow any such direction is not if doing so would in its reasonable discretion either involve it in personal liability or be unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actiondirection.
Appears in 2 contracts
Samples: Indenture (Petrobras International Finance Co), Indenture (Petrobras International Finance Co)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 2 contracts
Samples: Indenture (Cit Group Inc), Indenture (Cit Group Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided PROVIDED that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 2 contracts
Samples: Indenture (Merrill Lynch Preferred Funding I Lp), Indenture (Arvin Industries Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
that -------- ---- (1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 2 contracts
Samples: Indenture (Thermotrex Corp), Indenture (Thermo Electron Corp)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesany series and could not involve the Trustee in personal liability,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series (or any other series) not joining in such action.
Appears in 2 contracts
Samples: Indenture (Brixmor Operating Partnership LP), Indenture (Brixmor Operating Partnership LP)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial Holders have offered the Trustee an indemnity reasonably satisfactory to it against any loss, cost, liability or expense that might been incurred by the rights of the other Holders of Securities of Trustee in following such series not joining in such actiondirection.
Appears in 2 contracts
Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesany series and would not involve the Trustee in personal liability,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 2 contracts
Samples: Indenture (WaferGen Bio-Systems, Inc.), Indenture (Delcath Systems Inc)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series (or any other series) not joining in such action.
Appears in 2 contracts
Samples: Indenture (Abb LTD), Indenture (Abb LTD)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided provided, that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with involve the Securities of such series,Trustee in any personal liability;
(2b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, ; and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 2 contracts
Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Mecosta LLC)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
(4) such direction shall not involve the Trustee in personal liability.
Appears in 2 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
that -------- ---- (1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
and (3) such direction is not unduly prejudicial Holders have offered the Trustee an indemnity reasonably satisfactory to it against any loss, cost, liability or expense that might been incurred by the rights of the other Holders of Securities of Trustee in following such series not joining in such actiondirection. Section 513.
Appears in 1 contract
Samples: Indenture (Thermo Electron Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
that (1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
and (3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action. Section 513.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (RAM Holdings Ltd.)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionaction or that may involve the Trustee in personal liability.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Securities Outstanding Securities of any series (or such lesser amount as shall have acted at a meeting pursuant to Article Nine) shall have the right to direct the Trustee as to 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 Securities of such series and any Coupons appertaining theretoTrustee, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
; (3) such direction is not unduly prejudicial to the rights of other Holders; and (4) such direction would not involve the other Holders of Securities of such series not joining Trustee in such actionany personal liability.
Appears in 1 contract
Samples: Indenture of Trust (Main Place Real Estate Investment Trust /Md/)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Senior Indenture (Essent Group Ltd.)
Control by Holders of Securities. The Except as may be limited by Sections 1.9 and 6.18, the Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoSecurities, provided that:
(1a) such direction shall not be in conflict with any rule of applicable law or with this Indenture or with the Securities of such series,Indenture;
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities securities of such series not joining in such actionseries.
Appears in 1 contract
Samples: Indenture (Kimco Realty Corp)
Control by Holders of Securities. The Holders of a majority in principal Principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesany series and shall not subject the Trustee to any personal liability,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (CSX Corp)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of any such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (Solarcity Corp)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 of exercising any trust or power conferred on upon the Trustee with respect to the Securities of such series and any Coupons appertaining thereto, ; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series (or any other series) not joining in such action.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, direction and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (Bay View Capital I)
Control by Holders of Securities. The Holders of not less than a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such the Trustee may refuse to follow any direction which, in the opinion of the Trustee, is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionconsenting or would subject the Trustee to personal liability.
Appears in 1 contract
Samples: Indenture (CBS Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
-45- (3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action, and
(4) such direction shall not, in the reasonable opinion of the Trustee, expose the Trustee to personal liability.
Appears in 1 contract
Samples: Subordinated Indenture (Old Kent Financial Corp /Mi/)
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (Sealy Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, series; provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining theretoseries, provided PROVIDED that
(1a) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such seriesIndenture,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(3c) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such actionseries.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, andand 54 61
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (Convergys Corp)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Samples: Indenture (Ace Ina Holdings Inc)
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding 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 Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Securities of such series and any Coupons appertaining thereto, provided that
(1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and,
(3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series not joining in such action.action (subject to the provisions of Section
Appears in 1 contract
Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding 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 Securities of such series and any Coupons appertaining thereto, provided that
that (1) such direction shall not be in conflict with any rule of law or with this Indenture or with the Securities of such any series,
, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
and (3) such direction is not unduly prejudicial to the rights of the other Holders of Securities of such series (or any other series) not joining in such action. 50 Section 513.
Appears in 1 contract
Samples: Indenture