Common use of Control by Holders of Securities Clause in Contracts

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, 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 shall not be obligated to take any action unduly prejudicial to Holders not joining in such direction or involving the Trustee in personal liability.

Appears in 12 contracts

Samples: Subordinated Indenture (Dynegy Capital Trust Ii), Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Dynegy Capital Trust Iii)

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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, 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 shall need not be obligated to take any action unduly which might involve it in personal liability or be unjustly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilityconsenting.

Appears in 7 contracts

Samples: Indenture (Deere John Capital Corp), Indenture (Deere John Capital Corp), Indenture (Deere & Co)

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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action which might expose it to personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 7 contracts

Samples: Indenture (Hospitality Properties Trust), Indenture (Health & Retirement Properties Trust), Indenture (Hospitality Properties 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action unduly which might involve it in personal liability or be unjustly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilityconsenting.

Appears in 7 contracts

Samples: Indenture (Medallion Financial Corp), Indenture (Medallion Financial Corp), Indenture (Jetblue Airways 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or any Security Guarantee, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) the Trustee shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving therein (but the Trustee in personal liabilityshall have no obligation as to the determination of such undue prejudice).

Appears in 6 contracts

Samples: Indenture (Accredo Therapeutics Inc), Indenture (Bugaboo Creek Holdings Inc), Indenture (Friedmans Management 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 6 contracts

Samples: Indenture (Centerpoint Properties Trust), Indenture (Duke Realty Investments Inc), Indenture (Centerpoint Properties Trust)

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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such seriesSecurities, provided that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture;, (2b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction; , and (3c) the Trustee shall need not be obligated to take any action that might involve it in personal liability or be unduly prejudicial to the Holders of Securities not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 5 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Control by Holders of Securities. The Subject to Section 6.02(e)(5), 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, 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 shall need not be obligated to take any action unduly which might involve it in personal liability or be unjustly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilityconsenting.

Appears in 4 contracts

Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.), Indenture (Prospect Capital 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, Securities; provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or with the Securities, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3) the Trustee shall such direction is not be obligated to take any action unduly prejudicial to the rights of the other Holders of Securities not joining in such direction or involving the Trustee in personal liabilityaction.

Appears in 3 contracts

Samples: Indenture (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Limited Waiver (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, 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 shall not be obligated to take any action unduly prejudicial to Holders not joining in such direction or involving the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (NGC Corp), Indenture (NGC Corp), Indenture (NGC 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action which might expose it to personal liability, without the receipt of reasonable indemnity from Holders requesting such action, or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 3 contracts

Samples: Indenture (Novellus Systems Inc), Indenture (Mack Cali Realty Corp), Indenture (Mack Cali Realty 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, or exercising any trust or power conferred on the Trustee, with respect to the 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 shall not be obligated to take any action unduly prejudicial to Holders not joining in such direction or involving the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Baker Hughes Inc), Indenture (Lone Star Technologies Inc), Indenture (Lone Star Technologies 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such seriesSecurities, provided that: (1a) such direction shall not be in conflict with any rule of law or with this Indenture;, (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3c) the Trustee shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 2 contracts

Samples: Indenture (Internet Capital Group Inc), Indenture (Internet Capital 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

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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, Trustee or exercising any trust or power conferred on the Trustee, Companyee with respect to the 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 shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving therein (but the Trustee in personal liabilityshall have no obligation as to the determination of such undue prejudice).

Appears in 2 contracts

Samples: Indenture (Capital Lease Funding Inc), Indenture (Friedman Billings Ramsey Group 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 1 contract

Samples: Indenture (Simon Property Group Lp)

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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 shall need not be obligated to take any action unduly which might involve it in personal liability or be unjustly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilityconsenting.

Appears in 1 contract

Samples: Indenture (Pseg Fossil LLC)

Control by Holders of Securities. The Subject to Section 602(5), 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, 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 shall need not be obligated to take any action unduly which might involve it in personal liability or be unjustly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilityconsenting.

Appears in 1 contract

Samples: Indenture (PennantPark Floating Rate Capital 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, Trustee or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided PROVIDED that (1) such direction shall not be in conflict with any rule of law or with this Indenture;, and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) . In the event of such direction, the Trustee shall not be obligated have no duty to take any action ascertain whether such actions or forbearances are unduly prejudicial to Holders not joining in such direction or involving the Trustee in personal liabilityany Holders.

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals 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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that (1a) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or with the Securities of any series, (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and (3c) the Trustee shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 1 contract

Samples: Indenture (Arden Realty LTD)

Control by Holders of Securities. The Holders of a majority in aggregate principal amount of the Outstanding Securities (or such lesser amount as shall have acted as a meeting pursuant to the provisions of any series this Indenture) 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, with respect to the Securities of such series, provided that-------- that ---- (1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or expose the Trustee to personal liability, or be unduly prejudicial to the Holders not joining therein, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) the Trustee shall not be obligated to take any action unduly prejudicial to Holders not joining in such direction or involving the Trustee in personal liability.

Appears in 1 contract

Samples: Indenture (Comverse Technology Inc/Ny/)

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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the 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 , and (3) the Trustee shall need not be obligated to take any action which might involve it in personal liability or be unduly prejudicial to the Holders of Securities of such series not joining in such direction or involving the Trustee in personal liabilitytherein.

Appears in 1 contract

Samples: Indenture (Centerpoint Properties Corp)

Control by Holders of Securities. The Holders of a majority in principal amount of the Outstanding Securities of any either series shall shall, subject to Section 6.3(e), 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, provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture;, and (2) the Trustee shall not be obligated to follow any direction which may involve it in personal liability or which may be unduly prejudicial to Holders not joining therein, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) the Trustee shall not be obligated to take any action unduly prejudicial to Holders not joining in such direction or involving the Trustee in personal liabilitythis Indenture.

Appears in 1 contract

Samples: Indenture (Levi Strauss & Co)

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