Common use of Control by Holders of Securities Clause in Contracts

Control by Holders of Securities. (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 Holders have offered the Trustee an indemnity reasonably satisfactory to it against any loss, cost, liability or expense that might been incurred by the Trustee in following such direction.

Appears in 5 contracts

Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems Inc), Indenture (Thermo Electron Corp)

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Control by Holders of Securities. (1) such direction shall is 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 Holders have offered the Trustee an indemnity reasonably satisfactory to need not take any action which might involve it against any loss, cost, in personal liability or expense that might been incurred by be unduly prejudicial to the Holders of Securities of such series not joining therein (but the Trustee in following shall have no obligation as to the determination of such directionundue prejudice).

Appears in 4 contracts

Samples: Indenture (Cabot Industrial Properties Lp), Indenture (Cabot Industrial Trust), Indenture (Security Capital Group Inc/)

Control by Holders of Securities. (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 Holders have offered the Trustee an indemnity reasonably satisfactory to need not take any action which might involve it against any loss, cost, in personal liability or expense that might been incurred by be unduly prejudicial to the Trustee in following Holders of Securities of such directionseries not joining therein.

Appears in 3 contracts

Samples: Indenture (Federal Realty Investment Trust), Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)

Control by Holders of Securities. (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, and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) such Holders have offered the Trustee an indemnity reasonably satisfactory to it against any loss, cost, liability or expense that might been incurred by the Trustee in following such direction.

Appears in 2 contracts

Samples: Indenture (Digital Island Inc), Indenture (Siebel Systems Inc)

Control by Holders of Securities. (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, and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction. In the event of such direction, and (3) such Holders have offered the Trustee an indemnity reasonably satisfactory shall have no duty to it against ascertain whether such actions or forbearances are unduly prejudicial to any loss, cost, liability or expense that might been incurred by the Trustee in following such directionHolders.

Appears in 2 contracts

Samples: Indenture (Medarex Inc), Indenture (Medarex Inc)

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Control by Holders of Securities. (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 Holders have offered the Trustee an indemnity reasonably satisfactory to it against any loss, cost, liability or expense that might been incurred by the Trustee in following such direction.. -50-

Appears in 1 contract

Samples: Indenture (Thermo Electron Corp)

Control by Holders of Securities. (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 Holders have offered the Trustee an indemnity reasonably satisfactory to need not take any action which might involve it against any loss, cost, in personal liability or expense that might been incurred be unduly prejudicial to the Holders of Securities of such series not joining therein. Nothing in this Indenture shall impair the right of the Trustee in its discretion to take any action deemed proper by the Trustee in following and which is not inconsistent with such directiondirection by Holders.

Appears in 1 contract

Samples: Indenture (Bradley Operating L P)

Control by Holders of Securities. (1) such direction shall not be in conflict with any rule of law or with this Indenture or with and could not involve the Securities of such series,Trustee in personal liability, and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) such Holders have offered the Trustee an indemnity reasonably satisfactory to it against any loss, cost, liability direction or expense that might been incurred by the Trustee in following such directionthis Indenture.

Appears in 1 contract

Samples: Indenture (Atlas Corp)

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