Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that: (1) such direction shall not be in conflict with any rule of law or with this Indenture; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and (3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 30 contracts
Samples: Indenture (WPS Resources Corp), Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De)
Control by Holders. 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:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;, involve the Trustee in personal liability or be unduly prejudicial to the Holders of the Securities not joining in the action; and
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 18 contracts
Samples: Indenture (Gogo Inc.), Senior Indenture (EAM Corp), Indenture (Gogo Inc.)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in connection therewith, and
(3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 17 contracts
Samples: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 15 contracts
Samples: Indenture (MCN Corp), Indenture (Kennametal Inc), Indenture (Oge Energy Capital Trust I)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any affected series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 7 contracts
Samples: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided PROVIDED that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 6 contracts
Samples: Senior Debt Indenture (Cnooc LTD), Senior Debt Indenture (Nexen Inc), Subordinated Debt Indenture (Interpublic Group of Companies Inc)
Control by Holders. The Holders of not less than a majority in 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 TrusteeTrustee with respect to Securities of such series, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1i) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2ii) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3iii) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 6 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Control by Holders. The Subject to Section 7.02(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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;, expose the Trustee to personal liability or be unduly prejudicial to Holders not joining therein, and
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 5 contracts
Samples: Senior Indenture (Emagin Corp), Subordinated Indenture (Emagin Corp), Senior Indenture (Mimecast LTD)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any particular series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee for the Securities of such series with respect to the Securities of that series or exercising any trust or power conferred on the Trustee, such Trustee with respect to the Securities of such seriesSecurities, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the such Trustee may take any other action deemed proper by the such Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the such Trustee need not take any action which might involve expose it to personal liability, without the Trustee in personal liability receipt of reasonable indemnity from Holders requesting such action, or be unduly prejudicial to the Holders of Securities of such series not joining therein.
Appears in 4 contracts
Samples: Indenture (CubeSmart, L.P.), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the 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, ; provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture (including, without limitation, Section 5.07) or expose the Trustee to personal liability; and
(2b) subject to the provisions of Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 4 contracts
Samples: Senior Subordinated Indenture (Hollinger International Publishing Inc), Indenture (Hollinger International Inc), Indenture (Hollinger International Inc)
Control by Holders. 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:
(1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with the Securities;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining thereinliability.
Appears in 4 contracts
Samples: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series affected then Outstanding 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, Trustee with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders of the Securities of the affected series not joining thereinin the giving of such direction.
Appears in 3 contracts
Samples: Indenture (Ingredion Inc), Indenture (Corn Products International Inc), Indenture (Corn Products International Inc)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any all series affected by an Event of Default (determined as provided in Section 502 and as one 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 Outstanding Securities of such affected series, provided that:that in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Outstanding Securities of such affected series not joining thereinconsenting.
Appears in 3 contracts
Samples: Indenture (Agrium Inc), Indenture (Mosaic Co), Indenture (Mosaic Co)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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:that in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 3 contracts
Samples: Indenture (Dvi Inc), Subordinated Indenture (Complete Management Inc), Indenture (CSC Parent Corp)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.016.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 2 contracts
Samples: Senior Debt Indenture (Insight Communications Co Inc), Subordinated Debt Indenture (Adelphia Communications Corp)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided PROVIDED that:
(1) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or any supplemental indenture relating to such Securities;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Triarc Companies Inc), Senior Debt Indenture (Triarc Companies Inc)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 2 contracts
Samples: Indenture Agreement (Cooper Offshore Holdings S.a.r.l.), Indenture (Eaton Corp PLC)
Control by Holders. 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3c) subject to Section 6.016.1 below, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining thereinin this Indenture.
Appears in 2 contracts
Samples: Senior Debt Indenture (Kforce Inc), Subordinated Debt Indenture (Kforce Inc)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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 Trustee relating to the Securities of such seriesor arising under Section 501, provided that:that in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 2 contracts
Samples: Debt Securities Indenture (Pacific Telesis Financing Iii), Indenture (Pacific Telesis Financing Iii)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 2 contracts
Samples: Indenture (Wisconsin Public Service Corp), Indenture (Wisconsin Public Service Corp)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
and (3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 2 contracts
Samples: Indenture (NSP Financing Ii), Indenture (NSP Financing Ii)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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 relating to the Securities of such seriesor arising under Section 501, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 2 contracts
Samples: Indenture (Hub International LTD), Indenture (Hub International LTD)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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 relating to the Securities of such seriesor arising under Section 501, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 2 contracts
Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc)
Control by Holders. 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:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) subject to the provision of Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
; (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
and (3) subject to Section 6.016.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.. (S)
Appears in 1 contract
Samples: Senior Debt Indenture (Adelphia Communications Corp)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series Notes (and Additional Notes, if any) 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3c) subject to Section 6.01, the Trustee need not take any action which might conflict with law or this Indenture or involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in of the aggregate principal amount of the Outstanding Securities of any series Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided ; PROVIDED that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or the Collateral Documents,
(2) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Notes not joining thereinconsenting.
Appears in 1 contract
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Kimberly Clark Corp)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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 relating to the Securities of such seriesor arising under Section 501, provided that:that in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Schering Plough Corp)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01701, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities Notes of any a particular 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, Trustee with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of such series not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Aircastle LTD)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series Notes 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 relating to the Securities of such seriesor arising under Section 501; provided, provided that:however, that in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Notes not joining thereinconsenting, unless the Trustee shall be offered security or indemnity satisfactory to it.
Appears in 1 contract
Samples: Indenture (Nova Chemicals Corp /New)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series affected then Outstanding 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, Trustee with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.the
Appears in 1 contract
Control by Holders. The Subject to the terms of the Intercreditor Agreement and the Collateral Trust Agreement, the Holders of not less than a majority in principal amount of the Outstanding Securities of any series Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;Indenture or the Security Documents,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the any Holders not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Winnebago Industries Inc)
Control by Holders. The Subject to sections 6.4, and 11.10, the Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right right, exercisable by Noteholders’ Request, 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, relating to or arising upon an Event of Default with respect to the Securities of such series, Notes; provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Note Indenture;
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3c) subject to Section 6.01, the Trustee need not take any action required by such direction which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.liability,
Appears in 1 contract
Control by Holders. 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:: 49 44
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Samples: Senior Debt Indenture (Emmis Television License Corp of Topeka)
Control by Holders. The Holders of not less than a majority in principal amount Initial Principal Amount of the Outstanding Securities of any series Notes 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2b) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Samples: Supplemental Indenture (Sealy Corp)
Control by Holders. 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:
(1a) such direction shall not be in conflict with any rule of law or with this IndentureIndenture or with such Securities;
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3c) subject to Section 6.016.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders of such series not joining thereinconsenting.
Appears in 1 contract
Control by Holders. The Subject to the provisions of Section 602(5), 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:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Inter Act Systems Inc)
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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, Trustee with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Sasol Financing USA LLC)
Control by Holders. The Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series affected then Outstanding 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, Trustee with respect to the Securities of at such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.017.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders of the Securities of the affected series not joining thereinin the giving of such direction.
Appears in 1 contract
Samples: First Supplemental Indenture (Pepsiamericas Inc/Il/)
Control by Holders. 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 Trustee as to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which which, in its reasonable determination might involve the Trustee it in personal liability or be unduly prejudicial to the Holders of such series not joining therein.
Appears in 1 contract
Samples: Indenture (Amb Property Corp)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series Notes shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or of exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, ; provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;, and such Holders have complied with Section 603(6),
(2) subject to Section 315 of the Trust Indenture Act, the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Affinia Group Intermediate Holdings Inc.)
Control by Holders. 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Samples: Indenture (Kennametal Inc)
Control by Holders. 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:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly unjustly prejudicial to the rights of the other Holders of Securities not joining thereinin such action.
Appears in 1 contract
Samples: Indenture (Amresco Inc)
Control by Holders. The Subject to the provisions of Section 6.02(5), the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series Senior Notes 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:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Control by Holders. The Subject to the provisions of the Intercreditor Agreement, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of any series shall Notes will 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:
(1a) such direction shall will not be in conflict with any rule of law or with this Indenture;
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Samples: Intercreditor, Security and Collateral Agency Agreement (Abraxas Petroleum Corp)
Control by Holders. The Holders of not less than a majority in principal amount of the Outstanding Securities of any series (subject to Section 507 hereof) 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, Trustee with respect to the Securities of such seriesSecurities, provided that:
(1a) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3c) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee it in personal liability or be unduly unjustly prejudicial to the Holders not joining thereinconsenting.
Appears in 1 contract
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.017.1, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Control by Holders. The With respect to the Securities of any series, the Holders of not less than a majority in principal amount of the Outstanding Securities of any such 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 relating to the Securities of such seriesor arising under Section 501, provided that:that in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee them in personal liability or be unduly unjustly prejudicial to the Holders of Securities of such series not joining thereinconsenting.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Control by Holders. 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 Trustee as to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such series, provided that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which which, in its reasonable determination, might involve the Trustee it in personal liability or be unduly prejudicial to the Holders of such series not joining therein.
Appears in 1 contract
Samples: Indenture (Amb Property Corp)
Control by Holders. 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 Outstanding Securities of such series, provided that:in each case
(1) such direction shall not be in conflict with any rule of law or with this Indenture;,
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; , and
(3) subject to Section 6.01, the Trustee need not take any action which might involve expose the Trustee in to personal liability or be unduly prejudicial to the Holders of Outstanding Securities not joining therein.
Appears in 1 contract
Samples: Indenture (B2gold Corp)
Control by Holders. The Holders of a majority in principal amount of the Outstanding Securities of any series Senior Notes 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 seriesSenior Notes, provided PROVIDED that:
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01601, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Samples: Indenture (Stone Container Corp)
Control by Holders. 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:: 50 44
(1) such direction shall not be in conflict with any rule of law or with this Indenture;
(2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction; and
(3) subject to Section 6.01, the Trustee need not take any action which might involve the Trustee in personal liability or be unduly prejudicial to the Holders not joining therein.
Appears in 1 contract
Samples: Senior Debt Indenture (Emmis Television License Corp of Topeka)