Common use of Control by Holders Clause in Contracts

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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 20 contracts

Samples: Indenture (Identive Group, Inc.), Indenture (Brocade Communications Systems Inc), Indenture (Epicor Software Corp)

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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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 19 contracts

Samples: Indenture (Kyndryl Holdings, Inc.), Indenture (Hp Inc), Indenture (Hewlett Packard Enterprise Co)

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 and Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of the Securities of that series, or any other series, such series not taking part in such direction; , or to the Holders of the Securities of any other series, and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 16 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee or exercising any trust or power conferred on upon the Trustee, Trustee with respect to the Securities of such that series, ; provided that (1) such direction shall not be in conflict with any applicable rule of law or with this Indenture and Indenture; (2) the Trustee shall not have determined determine that the action so directed would be unjustly unduly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 13 contracts

Samples: Senior Indenture (Mohawk Industries Inc), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)

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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 9 contracts

Samples: Indenture (Chapman Construction Co., L.P.), Indenture (Precision Computer Systems Inc), Indenture (Chattem 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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and (3) the Trustee shall not determine that the action so directed would be unjustly prejudicial to Holders not taking part in such action.

Appears in 8 contracts

Samples: Indenture (Southwestern Electric Power Co), Indenture (Central Power & Light Co /Tx/), Indenture (Public Service Co of Oklahoma)

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, Trustee or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such seriesseries and any Coupons appertaining thereto, provided PROVIDED that (1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (3) such direction or this Indentureis not unduly prejudicial to the rights of other Holders of Securities of such series.

Appears in 5 contracts

Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Senior Indenture (National City 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 and Indenture, (2) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and, (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and (4) the Trustee shall be indemnified as hereinafter provided.

Appears in 4 contracts

Samples: Indenture (Belo a H Corp), Indenture (Belo a H Corp), Indenture (Tribune Co)

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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction or this Indenture.

Appears in 4 contracts

Samples: Indenture (Energy Conversion Devices Inc), Indenture (NPS Pharmaceuticals Inc), Indenture (Cell Genesys 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, 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 and Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, such series not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 4 contracts

Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co 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 to exercise any trust or power conferred on the Trustee, with respect to the Securities of such series, provided thatPROVIDED THAT: (1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture; (b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, series not taking part in such direction; and (2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 3 contracts

Samples: Indenture (Golden Star Resources LTD), Indenture (Patterson Energy Inc), Indenture (Stillwater Mining Co /De/)

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) that such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) and the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction or this Indenture.

Appears in 3 contracts

Samples: Indenture (Omeros Corp), Indenture (Sigma Designs Inc), Indenture (Sigma Designs 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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 3 contracts

Samples: Indenture (Express Scripts Inc), Indenture (Priorityhealthcare.com, Inc.), Indenture (Express Scripts Inc)

Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Debt 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, Trustee with respect to the Debt Securities of such series, ; provided that (1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture; (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of any Debt Securities of that series, or any other series, series not taking part in such directiondirection with respect to which the Trustee is acting as the Trustee; and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever 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 and Indenture, (b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of the Securities of that series, or any other series, such series not taking part in such direction; , or to the Holders of the Securities of any other series, and (2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 3 contracts

Samples: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, 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 and Indenture, (2) the Trustee shall not determine (it being understood that the Trustee shall have determined no obligation to make such determination) that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 2 contracts

Samples: Indenture (Dell Computer Corp), Indenture Agreement (Dell Computer Corp)

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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 2 contracts

Samples: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp)

Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding Securities of any series shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, Trustee or exercising any trust or power conferred on upon the Trustee, Trustee with respect to the Securities of such that series, ; provided that (1) such direction shall not be in conflict with any applicable rule of law or with this Indenture and Indenture; (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 2 contracts

Samples: Subordinated Indenture (Cross Equipment Company, Inc.), Senior Indenture (Cross Equipment Company, 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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 2 contracts

Samples: Indenture (SVB Financial Group), Indenture (SVB Financial Group)

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 and Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 2 contracts

Samples: Indenture (Nabors Industries Inc), Indenture (Nabors Industries 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 and Indenture, (b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of the Securities of that series, or any other series, such series not taking part in such direction; , or to the Holders of the Securities of any other series, and (2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 2 contracts

Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (About, 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 (1a) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture, (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction direction, and (c) the Trustee need not take any action which might involve it in personal liability or this Indenturebe unduly prejudicial to the Holders of Securities of such series not consenting.

Appears in 2 contracts

Samples: Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp PLC)

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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: (1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture; (b) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and (2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Dusa Pharmaceuticals 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 PROVIDED that (1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 1 contract

Samples: Indenture (Hewlett Packard Co)

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 with respect to the Securities of that series or exercising any trust or power conferred on the Trustee, Trustee with respect to the Securities of such seriesSecurities, provided provided, however, that: (1) such direction shall not be in conflict with any rule of law or with this Indenture and could not involve the Trustee shall not have determined that the action so directed would in personal liability or be unjustly prejudicial to the Holders of Outstanding Securities of that such series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Abitibi Consolidated 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 and Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which that is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Bankers Trust New York Corp)

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 5.2 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 thatin each case (1) such direction shall not be in conflict with any rule of law or with this Indenture and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture, (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction direction, and (3) the Trustee need not take any action which might involve it in personal liability or this Indenturebe unjustly prejudicial to the Holders of Outstanding Securities of such affected series not consenting.

Appears in 1 contract

Samples: Indenture (Transalta 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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such directiondirection and indemnification is provided to the Trustee under Section 6.3(5); and (2) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenture.

Appears in 1 contract

Samples: Indenture (Waddell & Reed Financial Inc)

Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding then 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 upon 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 Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of such series of Securities of that series, or any other series, not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Sun International Hotels LTD)

Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Debt 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, Trustee with respect to the Debt Securities of such series, provided that (1a) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture; (b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of any Debt Securities of that series, or any other series, series not taking part in such directiondirection with respect to which the Trustee is acting as the Trustee; and (2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Axa)

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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; andIndenture, (2b) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, (c) such direction or this Indentureis not unduly prejudicial to the rights of other Holders, and (d) such direction would not involve the Trustee in personal liability.

Appears in 1 contract

Samples: Indenture (Roper Industries Inc /De/)

Control by Holders. The Holders of a majority in aggregate principal amount of the Outstanding Capital 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, Trustee with respect to the Capital Securities of such series, provided that (1a) such direction shall not be in conflict with any rule of law or with this Indenture and Capital Securities Indenture; (b) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of any Capital Securities of that series, or any other series, series not taking part in such directiondirection with respect to which the Trustee is acting as the Trustee; and (2c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Royal Bank of Scotland Group PLC)

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 that (1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of Securities of that series, or any other series, not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Standard Multiple Series Indenture Provisions (Aristar 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 and the Trustee shall not have determined that the action so directed would be unjustly prejudicial to Holders of Securities of that series, or any other series, not taking part in such direction; and (2) the Trustee may take any other action deemed proper by the Trustee which trustee that is not inconsistent with such direction or this Indenture.

Appears in 1 contract

Samples: Indenture (Northfield Laboratories Inc /De/)

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 pace 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 and Indenture, (2) the Trustee shall not have determined that the action so directed would not be unjustly prejudicial to the Holders of any Securities of that series, or any other series, series with respect to which the Trustee is the Trustee not taking part in such direction; and, (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection, and (4) the Trustee shall be indemnified as hereinafter provided.

Appears in 1 contract

Samples: Indenture (Tribune Co)

Control by Holders. The Holder or Holders of a majority in aggregate principal amount of the Outstanding then 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 upon the Trustee, with respect to the Securities of such series, provided ; PROVIDED that (1) such direction shall not be in conflict with any rule of law or with this Indenture and Indenture, (2) the Trustee shall not have determined determine that the action so directed would be unjustly prejudicial to the Holders of such series of Securities of that series, or any other series, not taking part in such direction; , and (23) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction or this Indenturedirection.

Appears in 1 contract

Samples: Indenture (Ggri Inc)

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