Control by Holders. Subject to Section 6.03, 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 (a) such direction shall not be in conflict with any rule of law or with this Indenture, (b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (c) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 40 contracts
Samples: Subordinated Indenture (Eplus Inc), Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp)
Control by Holders. Subject to Section 6.037.02(f), the Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.017.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 37 contracts
Samples: Indenture (Inspire Veterinary Partners, Inc.), Indenture (RDE, Inc.), Indenture (Ispire Technology Inc.)
Control by Holders. Subject to Section 6.03, the 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
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 25 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 16 contracts
Samples: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)
Control by Holders. Subject to Section 6.03, the 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 that
(a) 5.12.1 such direction shall not be in conflict with any rule of law or with this Indenture,
(b) 5.12.2 the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) 5.12.3 subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or against which indemnity would otherwise not be contrary to applicable lawsatisfactory.
Appears in 15 contracts
Samples: Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD), Indenture (Embraer S.A.)
Control by Holders. Subject to the provisions of Section 6.03603, 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 15 contracts
Samples: Indenture (Community West Bancshares), Indenture (Central Valley Community Bancorp), Indenture (Central Valley Community Bancorp)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 13 contracts
Samples: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (Triangle Capital Trust), Junior Subordinated Indenture (Peoples Bancorp of North Carolina Inc)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 13 contracts
Samples: Subordinated Indenture (Heritage Propane Partners L P), Indenture (Lakehead Pipeline Co Lp), Indenture (Heritage Propane Partners L P)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the b)o Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 11 contracts
Samples: Senior Indenture (Imperial Eagle Shipping LLC), Subordinated Indenture (Imperial Eagle Shipping LLC), Indenture (Nordic American Tanker Shipping LTD)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 8 contracts
Samples: Indenture (NuStar Energy L.P.), Indenture (NuStar Pipeline Operating Partnership L.P.), Indenture (Valero L P)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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 that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 6 contracts
Samples: Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp)
Control by Holders. Subject to Section 6.03, the 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 however, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 6 contracts
Samples: Indenture (Weatherford International LTD), Indenture (Weatherford International Inc /New/), Indenture (Weatherford International Inc /New/)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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, Series; provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 6 contracts
Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed direction would involve expose the Trustee in to personal liability or would otherwise be contrary to applicable lawliability.
Appears in 6 contracts
Samples: Indenture (Sun Communities Inc), Indenture (Sun Communities Operating Limited Partnership), Indenture (Just Energy Group Inc.)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 6 contracts
Samples: Indenture (Rowan Companies Inc), Indenture (Comstock Resources Inc), Indenture (Frontier Oil Corp /New/)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.017.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 5 contracts
Samples: Indenture (Omnicom Finance Holdings PLC), Indenture (Omnicom Group Inc.), Indenture (Omnicom Finance Holdings PLC)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary unduly prejudicial to applicable lawHolders of Securities of such Series not joining therein.
Appears in 5 contracts
Samples: Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc)
Control by Holders. Subject to Section 6.03, the 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 however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 5 contracts
Samples: Indenture (Anadarko Petroleum Capital Trust Iii), Indenture (Weatherford International Inc /New/), Indenture (Remington Oil & Gas Corp)
Control by Holders. Subject to the provisions of Section 6.03603, 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 seriesSecurities; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction directions if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 4 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Sunoco Logistics Partners Lp)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (PNC Capital Trust F)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 4 contracts
Samples: Indenture (Amcv Capital Trust I), Indenture (El Paso Energy Capital Trust Iii), Indenture (El Paso Natural Gas Co)
Control by Holders. Subject to Section 6.03, the 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, ; provided that
(ai) such direction shall not be in conflict with any rule of law or with this Indenture,.
(bii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(ciii) subject to the provisions of Section 6.017.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Trust Officer or Officers of the Trustee, determine that the proceeding action so directed would involve the Trustee in personal liability or would otherwise be contrary unduly prejudicial to applicable lawHolders not joining therein.
Appears in 4 contracts
Samples: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC), Indenture (Ibm International Group Capital LLC)
Control by Holders. Subject to Section 6.03, the 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 that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Praegitzer Industries Inc), Junior Subordinated Indenture (Associated Banc-Corp), Junior Subordinated Indenture (Downey Financial Corp)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding Securities outstanding Notes of any either 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 Notes of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.017.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 4 contracts
Samples: Indenture, Indenture (Broadcom Inc.), Indenture (Broadcom Inc.)
Control by Holders. Subject to Section 6.03, the 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:
(a1) such direction shall not be in conflict with any applicable rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject Subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 4 contracts
Samples: Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 4 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Spectrum Pharmaceuticals Inc), Senior Indenture (SFX Broadcasting Inc)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 3 contracts
Samples: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding 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 seriesSecurities, provided that:
(a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or the Intercreditor Agreement,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)
Control by Holders. Subject to Section 6.03, the 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, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding proceedings so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
Control by Holders. Subject to Section 6.03, the 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; provided, provided that
however, that (a1) such direction shall not be in conflict with any rule of law or with this Indenture,
; (b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
; and (c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability. Section 513.
Appears in 3 contracts
Samples: Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided provided, however, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD)
Control by Holders. Subject to Section 6.03, the 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 any Trustee, or exercising any trust or power conferred on the any Trustee, with respect to the Securities of such series, series or the Guarantee in respect thereof; provided that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee Trustees may take any other action deemed proper by the Trustee Trustees which is not inconsistent consistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, each of the Trustee Trustees shall have the right to decline to follow any such direction if the such Trustee in good faith shall shall, by a Responsible Officer of such Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Indenture (Hydro One Holdings LTD), Indenture (Hydro One LTD), Indenture (Hydro One LTD)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Senior Debt Indenture (Ameris Bancorp), Indenture (Host Marriott Corp/Md), Indenture (HMH Properties Inc)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in aggregate principal amount of the Outstanding Securities of any series Debentures 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 seriesDebentures; provided, provided however, that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Junior Convertible Subordinated Indenture (Amcv Capital Trust I), Junior Convertible Subordinated Indenture (American Classic Voyages Co), Indenture (KBK Capital Trust I)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding Securities outstanding Notes 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 Notes of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.017.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Cayman L.P.), Indenture (Broadcom LTD)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, provided provided, that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 3 contracts
Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD), Senior Indenture (MRM Capital Trust Iii)
Control by Holders. Subject to the provisions of Section 6.03603, 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 3 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
Control by Holders. Subject to Section 6.03, the 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; provided, provided that
however, that (a1) such direction shall not be in conflict with any rule of law or with this Indenture,
; (b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
; and (c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability. SECTION 513.
Appears in 3 contracts
Samples: Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co)
Control by Holders. Subject to Section 6.03, the 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 however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Senior Indenture (Everest Re Group LTD), Senior Indenture (Everest Re Capital Trust Iii)
Control by Holders. Subject to Section 6.03, the Holders of not less than 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, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.01, the The Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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, Series; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Leap Wireless International Inc)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in aggregate principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.017.1 and Section 7.2, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in aggregate principal amount of the Outstanding then outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Minter-Weisman Co), Indenture (Fleming Companies Inc /Ok/)
Control by Holders. Subject to Section 6.03, the 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, provided ; PROVIDED that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.017.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Trust Officer or Officers of the Trustee, determine that the proceeding action so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)
Control by Holders. Subject to Section 6.03, the 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:
(a1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with the Securities of such series,
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/)
Control by Holders. Subject to Section 6.03, the 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 that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,.
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1 above, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Rc2 Corp), Indenture (Standex International Corp/De/)
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed direction would involve expose the Trustee in to personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (TODCO Mexico Inc.), Indenture (TODCO Mexico Inc.)
Control by Holders. Subject to Section 6.03the provisions of Sections 507 and 603, 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; provided, provided that
however, that (a1) such direction shall not be in conflict with any rule of law or with this Indenture,
; (b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
; and (c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Samples: Indenture (Enterprise Financial Services Corp), Indenture (Park National Corp /Oh/)
Control by Holders. Subject to the provisions of Section 6.03603, 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 or 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 however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Samples: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided provided, that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (MRM Capital Trust Iii), Junior Subordinated Indenture (MRM Capital Trust Iii)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series; provided, provided however, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding Securities of any series affected thereby, voting as a class, 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
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Monsanto Finance Canada Co.), Indenture (Monsanto Co /New/)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in aggregate principal amount of the Outstanding then outstanding Securities of any series Series shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary unduly prejudicial to applicable lawthe rights of other Holders.
Appears in 2 contracts
Samples: Indenture (Paramount Resources LTD), Indenture (Paramount Resources LTD)
Control by Holders. Subject to the provisions of Section 6.03, 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 2 contracts
Samples: Indenture (Investar Holding Corp), Indenture (Investar Holding Corp)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Trustee Officer, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Daron Coal Company, LLC), Indenture (Daron Coal Company, LLC)
Control by Holders. Subject to Section 6.03, the 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; PROVIDED, provided HOWEVER, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (Tc Pipelines Lp), Indenture (Tc Pipelines Lp)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 2 contracts
Samples: Indenture (York Water Co), Indenture (Maritrans Inc /De/)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding Securities then outstanding 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:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.017.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Fortive Corp)
Control by Holders. Subject to the provisions of Section 6.03, 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; provided, provided however, that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the 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
(a) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise and it shall not be contrary provided indemnity and security satisfactory to applicable lawit against any liability.
Appears in 1 contract
Control by Holders. Subject to the provisions of Section 6.03603, 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.so
Appears in 1 contract
Control by Holders. Subject to the provisions of Section 6.03603, 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 or 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 however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 1 contract
Samples: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Control by Holders. Subject to Section 6.03, the 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:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.018.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the 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, however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions provision of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the 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, provided that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if after consultation with counsel the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Leggett & Platt Inc)
Control by Holders. Subject to Section 6.037.1(e), the Holders of a majority in principal amount of the Outstanding outstanding Securities of any series either 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Danaher Corp /De/)
Control by Holders. Subject to the provisions of Section 6.03603, the Holders of a majority in aggregate principal amount of the Outstanding Securities of any series either 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 seriesSeries; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction directions if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the The Holders of a majority in 66-2/3% of the then outstanding 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 seriesSecurities, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Genta Inc De/)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable law.liability. 63 - 57 -
Appears in 1 contract
Samples: Junior Subordinated Indenture (National Penn Bancshares Inc)
Control by Holders. Subject to Section 6.03, the 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 that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)
Control by Holders. Subject to Section 6.0311.02(h), 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 seriesSecurities, provided that
that (a) such direction shall not be in conflict with any rule of law or with this Indenture,
, (b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
and (c) subject to the provisions of Section 6.0111.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding proceedings so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Grubb & Ellis Co)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in at least 66-2/3% of the then outstanding 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 seriesSecurities, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Genta Inc De/)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the 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; provided, provided however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the 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
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.shall, by a Responsible
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the 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, provided that
(a1) such direction shall not be in conflict with any rule of law or with this Restated Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding action so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Restated Indenture (Allied Waste North America Inc/De/)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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, with respect to the Securities of such series, provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would involve be unjustly prejudicial to the Trustee in personal liability or would otherwise be contrary to applicable law.Holders not
Appears in 1 contract
Samples: Junior Subordinated Indenture (Sea Pines Associates Inc)
Control by Holders. Subject to Section 6.03, the 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
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Sabre Holdings Corp)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.shall, by a Responsible
Appears in 1 contract
Samples: Indenture (San Francisco Walls Inc)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer of the Trustee, determine that the proceeding so directed would conflict with applicable law or this Indenture or involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Omnicom Group Inc)
Control by Holders. Subject to Section 6.03, the The Holders of not less than 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 42 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:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if a Responsible Officer or Officers of the Trustee shall, in good faith shall faith, determine that the proceeding so directed would be unjustly prejudicial to the Holders not joining in any such direction or would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Pennsylvania Power & Light Co /Pa)
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Tivo Inc)
Control by Holders. Subject to Section 6.03, the 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 38 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 however, that:
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Control by Holders. Subject to Section 6.03, the The Holders of a majority in principal amount of the Outstanding outstanding Securities of any series 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 seriesSeries, provided that
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Trust Officer of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (864 Beverage, Inc.)
Control by Holders. Subject to Section 6.03, the 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 that
(a) 5.13.1 such direction shall not be in conflict with any rule of law or with this Indenture,
(b) 5.13.2 the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) 5.13.3 subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability or against which indemnity would otherwise not be contrary to applicable lawsatisfactory.
Appears in 1 contract
Samples: Indenture (Vale Overseas LTD)
Control by Holders. Subject to the provisions of Section 6.03603, the Holders of a majority in aggregate principal amount of the Outstanding Securities of any a 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 however, that
(a1) such direction shall not be in conflict with any rule of law or with this Indenture,;
(b2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, ; and
(c3) subject to the provisions of Section 6.01601, the Trustee shall have the right to decline to follow any such direction directions if the Trustee in good faith shall determine that the proceeding so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable law.
Appears in 1 contract
Samples: Indenture (Kinder Morgan Inc)
Control by Holders. Subject to Section 6.03, the 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
(a) such direction shall not be in conflict with any rule of law or with this Indenture,
(b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and
(c) subject to the provisions of Section 6.016.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding proceedings so directed would involve the Trustee in personal liability or would otherwise be contrary to applicable lawliability.
Appears in 1 contract
Samples: Indenture (Harsco Corp)
