Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 303 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 219 contracts
Samples: Indenture (FirstCash Holdings, Inc.), Indenture (W&t Offshore Inc), Indenture (DT Midstream, Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 71 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Global Partners Lp), Indenture (Global Partners Lp)
Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 44 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 37 contracts
Samples: Indenture (Viper Energy Partners LP), Fifth Supplemental Indenture (SM Energy Co), Indenture (Oasis Petroleum Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 29 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Cheniere Corpus Christi Holdings, LLC)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Holders, or that may involve the Trustee in personal liability.
Appears in 22 contracts
Samples: Indenture (American Restaurant Group Inc), Indenture (Archibald Candy Corp), Indenture (Louisiana Casino Cruises Inc)
Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.
Appears in 20 contracts
Samples: Indenture (Foot Locker, Inc.), Indenture (Vine Energy Inc.), Indenture (Stericycle Inc)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverSubject to Section 7.1 and Section 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.
Appears in 20 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Supplemental Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 19 contracts
Samples: Supplemental Indenture (BALL Corp), Fifteenth Supplemental Indenture (BALL Corp), First Supplemental Indenture (Hecla Mining Co/De/)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct direct, in writing, 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 16 contracts
Samples: Indenture (Melco Resorts & Entertainment LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be Indenture, is unduly prejudicial to the rights of other Holders of Notes Holders, or that may would involve the Trustee in personal liability.
Appears in 15 contracts
Samples: Indenture (NTL Communications Corp), Indenture (NTL Delaware Inc), Indenture (NTL Communications Corp)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverSubject to Section 7.1 and Section 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.
Appears in 15 contracts
Samples: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv), Indenture (Elan Corp PLC)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 15 contracts
Samples: Indenture (Lifepoint Health, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Control by Majority. Holders of a majority in principal amount at maturity of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 14 contracts
Samples: Indenture (Sba Communications Corp), Indenture (Consolidated Container Co LLC), Indenture (Crown Castle International Corp)
Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 13 contracts
Samples: Indenture (OUTFRONT Media Inc.), Indenture (OUTFRONT Media Inc.), Indenture (OUTFRONT Media Inc.)
Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee without any liability to the Trustee. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 12 contracts
Samples: Indenture (NXP Semiconductors N.V.), Indenture (Freescale Semiconductor, Ltd.), Indenture (NXP Semiconductors N.V.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityNotes.
Appears in 12 contracts
Samples: Indenture (Natural Resource Partners Lp), Indenture (Natural Resource Partners Lp), Third Supplemental Indenture (Access Midstream Partners Lp)
Control by Majority. Holders of a majority in principal amount of the then then-outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 12 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and (e) hereof.
Appears in 12 contracts
Samples: Indenture (Oak Ridger LLC), Indenture (Superior Essex Inc), Indenture (Nb Finance Corp)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be is unduly prejudicial to the rights of other Holders another Holder of Notes Notes, or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such direction.
Appears in 11 contracts
Samples: Supplemental Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 11 contracts
Samples: Indenture (Iridium Communications Inc.), Indenture (Jones Energy, Inc.), Indenture (Walter Energy, Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with the law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 11 contracts
Samples: Indenture (Echostar DBS Corp), Indenture (Echostar Communications Corp), Indenture (Echostar Communications Corp)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.
Appears in 11 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of other Holders of Notes or that may would involve the Trustee in personal liability.
Appears in 10 contracts
Samples: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 10 contracts
Samples: First Supplemental Indenture (DRS Technologies Inc), First Supplemental Indenture (DRS Technologies Inc), Bridge Loan Agreement (Hanesbrands Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 itTrustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 10 contracts
Samples: Indenture (Horizon Pharma PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may will 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 itthe Trustee, subject to receipt by the Trustee of security and indemnity satisfactory to the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 10 contracts
Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it, including, without limitation, any remedies provided for in Section 6.3. However, the Trustee may refuse to follow any direction that conflicts with law law, the Notes or this Indenture Indenture, or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes another Securityholder or that may involve the Trustee in personal liability.
Appears in 10 contracts
Samples: Indenture (Webcraft LLC), Indenture (Vertis Inc), Indenture (Webcraft LLC)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve result in the Trustee in personal liabilityincurrence of liability by the Trustee.
Appears in 9 contracts
Samples: Indenture (Nextwave Personal Communications Inc), Indenture (Stericycle Inc), Indenture (Condor Systems Inc)
Control by Majority. Subject to certain limitations, Holders of a majority in principal amount of the Notes that are then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising in its exercise of any trust or power conferred on itpower. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Securities or that may involve the Trustee in personal liability.
Appears in 9 contracts
Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 9 contracts
Samples: 2019 Notes Indenture (North Atlantic Drilling Ltd.), Indenture (Sappi LTD), Indenture (Sappi LTD)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverSubject to Sections 7.1 and 7.2, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.
Appears in 8 contracts
Samples: Indenture (MDC Partners Inc), Indenture (Coleman Cable, Inc.), Indenture (MDC Partners Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes or that may would involve the Trustee in personal liability.
Appears in 8 contracts
Samples: Indenture (Goodrich Petroleum Corp), Note Purchase Agreement (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Collateral Agreements that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityliability or expense.
Appears in 8 contracts
Samples: Indenture (FiberTower CORP), Indenture (FiberTower CORP), Indenture (FiberTower CORP)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal Personal liability.
Appears in 8 contracts
Samples: Indenture (Wheeling Pittsburgh Corp /De/), Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (WHX Corp)
Control by Majority. Holders of a majority in principal amount of the then then-outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture, the Security Documents or this Indenture the Intercreditor Agreement that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 8 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in its sole discretion may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 7 contracts
Samples: Indenture (Patrick Industries Inc), Indenture (H&E Equipment Services, Inc.), Indenture (Patrick Industries Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 7 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Indenture (TICC Capital Corp.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action consistent with this Indenture relating to any such direction.
Appears in 7 contracts
Samples: Indenture (Local Insight Yellow Pages, Inc.), Indenture (Mobile Storage Group Inc), Indenture (Cott Corp /Cn/)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee or exercising any trust or power conferred on it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 7 contracts
Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes of any Series may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Indenture (Trinity Place Holdings Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.
Appears in 6 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Orion Power Holdings Inc), Indenture (Charter Communications Inc /Mo/)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and (e).
Appears in 6 contracts
Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)
Control by Majority. Holders The holders of a majority in principal amount of the Notes then outstanding Notes may 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 it. Howeverthe Trustee, with respect to the Notes; provided that
(i) such direction shall not be in conflict with any rule of law or with this Indenture, and
(ii) the Trustee may refuse to follow take any direction that conflicts with law or this Indenture that other action deemed proper by the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilitywhich is not inconsistent with such direction.
Appears in 6 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)
Control by Majority. Holders of at least a majority in aggregate principal amount of the then outstanding Outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Agreement that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (Amerco /Nv/), Indenture (Amerco /Nv/), Indenture (Transmontaigne Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may direct in writing 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (LSB Industries Inc), Indenture (CVR Energy Inc), Indenture (CVR Energy Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may issued hereunder shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Aramark)
Control by Majority. Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of other Holders of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 6 contracts
Samples: Indenture (Calumet, Inc. /DE), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.
Appears in 5 contracts
Samples: Indenture (360networks Inc), Indenture (360networks Inc), Indenture (Charter Communications Holdings Capital Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC), Indenture (Energy Future Intermediate Holding CO LLC)
Control by Majority. Holders of a majority in principal amount of the then then-outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Dycom Industries Inc), Indenture (Harsco Corp), Indenture (Catalent, Inc.)
Control by Majority. Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Tesoro Logistics Northwest Pipeline LLC), Indenture (PBF Logistics LP), Indenture (Tesoro Logistics Lp)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Supplemental Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Third Supplemental Indenture (Suburban Propane Partners Lp), Second Supplemental Indenture (Suburban Propane Partners Lp), First Supplemental Indenture (Suburban Propane Partners Lp)
Control by Majority. Subject to certain limitations, Holders of a majority in principal amount of the Notes that are then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising in its exercise of any trust or power conferred on itpower. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Second Supplemental Indenture (NRG Energy, Inc.), Fifth Supplemental Indenture (NRG Energy, Inc.), Fourth Supplemental Indenture (NRG Energy, Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and 7.1(e).
Appears in 5 contracts
Samples: Indenture (Total Gas & Electricity (PA) Inc), Indenture (Crum & Forster Holdings Corp), Indenture (Dan River Inc /Ga/)
Control by Majority. Subject to Section 7.01(e), the Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee for the Notes or exercising any trust or power conferred on it. However, the Trustee shall be under no obligation and may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of the Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)
Control by Majority. The Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc), Indenture (Western Refining, Inc.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Seventh Supplemental Indenture (B&G Foods, Inc.), First Supplemental Indenture (B&G Foods, Inc.), First Supplemental Indenture (B&G Foods, Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (IASIS Healthcare LLC), Indenture (Kraton Polymers LLC), Indenture (Six Flags Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Notes, or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (SunCoke Energy, Inc.), Indenture (SunCoke Energy Partners, L.P.), Indenture (SunCoke Energy Partners, L.P.)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityNotes.
Appears in 5 contracts
Samples: Indenture (Angiotech America, Inc.), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Angiotech Pharmaceuticals Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may may, in writing, 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 it. However, the Trustee may may, in good faith as determined by a Responsible Officer of the Trustee, refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. Howeverthe Trustee under this Indenture; provided that:
(a) such direction shall not be in conflict with any rule of law or with this Indenture, and
(b) the Trustee may refuse to follow take any direction that conflicts with law or this Indenture that other action deemed proper by the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilitywhich is not inconsistent with such direction.
Appears in 5 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or law, this Indenture that Indenture, the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or any Note Guarantee, or that may would involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Master Senior Secured Notes Note Purchase Agreement (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. HoweverIn addition, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction or that may involve the Trustee in personal liability.
Appears in 5 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Notes, or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc), Indenture (Sun Medical Technologies Inc /Ca/)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Ciena Corp), Indenture (Ciena Corp), Indenture (Ciena Corp)
Control by Majority. Holders of not less than a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes (it being understood that the Trustee does not have any duty to determine whether any action is prejudicial to any Holder) or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.)
Control by Majority. Holders Subject to Article VII hereof, holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Newcor Inc), Indenture (Golden Northwest Aluminum Holding Co), Indenture (Exx Inc/Nv/)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it, including the exercise of any remedy under any of the Collateral Documents. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), Indenture (HWCC Shreveport Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture Agreement (Summit Midstream Partners, LP), Second Supplemental Indenture (Summit Midstream Partners, LP), First Supplemental Indenture (Summit Midstream Partners, LP)
Control by Majority. Subject to the terms of the Security Documents, the Holders of a majority in principal amount of the then total outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders Holder of Notes a Note or that may would involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Tops Holding Ii Corp), Indenture (Tops Markets Ii Corp), Indenture (Tops Holding Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 itit hereunder. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)
Control by Majority. Subject to the terms of the Security Documents, the Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Indenture (ReFinance America, LTD)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may direct are given the right to direct, in writing, the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, the Notes or the Notes Guarantees or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.
Appears in 4 contracts
Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or Indenture, that may involve the Trustee in personal liability, and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 3 contracts
Samples: Indenture (Foster Wheeler LTD), Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liabilityliability or expense.
Appears in 3 contracts
Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Ion Geophysical Corp)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper which is not inconsistent with any such direction.
Appears in 3 contracts
Samples: Indenture (Graham Field Health Products Inc), Indenture (Advanced Medical Inc), Indenture (Von Hoffmann Holdings Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes Notes, or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Delta Financial Corp), Indenture (Matrix Capital Corp /Co/), Indenture (Df Special Holdings Corp)
Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee with respect to the Notes. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc), Indenture (Amn Healthcare Services Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and the Trustee shall be entitled to the benefit of Sections 7.1(c)(iii) and 7.1(e).
Appears in 3 contracts
Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may may, by written notice, 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in any personal liability.
Appears in 3 contracts
Samples: Indenture (Thornburg Mortgage Inc), Indenture (Istar Financial Inc), Indenture (Fleming Companies Inc /Ok/)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that or if, subject to Section 7.01, the Trustee reasonably determines may that such action, if taken, would be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Sterling Chemical Inc), Indenture (Sterling Chemical Inc), Indenture (Sterling Chemical Inc)
Control by Majority. Holders of a majority in principal amount at maturity of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability. The Trustee may take any other action which it deems proper that is not inconsistent with any such directive.
Appears in 3 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or law, this Indenture or the Intercreditor Deeds or that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Liberty Global PLC), Indenture (Liberty Global PLC), Indenture (Liberty Global PLC)
Control by Majority. The Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be is unduly prejudicial to the rights of other Holders of Notes Noteholders, or that may would involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Station Casinos Inc), Indenture (Station Casinos Inc), Indenture (Station Casinos Inc)
Control by Majority. Subject to Section 7.1(i), the Holders of a majority in principal amount of the then outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture; provided, however, that the Trustee determines may be unduly prejudicial to the rights of take any other Holders of Notes or that may involve action deemed proper by the Trustee in personal liabilitythat is not inconsistent with such direction.
Appears in 3 contracts
Samples: Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Parker Drilling Co /De/), Indenture (Quail Usa LLC), Indenture (Parker Drilling Co /De/)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (United Community Banks Inc), Indenture (Caraustar Industries Inc), Indenture (United Community Banks Inc)
Control by Majority. Subject to certain restrictions, Holders of a majority in principal amount of the Notes then outstanding Notes may 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the terms of this Indenture that or if, subject to Section 8.01, the Trustee reasonably determines may that such action, if taken, would be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Goss Graphic Systems Inc), Indenture (Goss Holdings Inc), Indenture (Goss Holdings Inc)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 it. HoweverThe Trustee may, the Trustee may however, refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Finlay Fine Jewelry Corp), Indenture (Finlay Fine Jewelry Corp), Indenture (Finlay Enterprises Inc /De)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or the Collateral Agent or exercising any trust or power conferred on it. However, either the Trustee or the Collateral Agent may refuse to follow any direction that conflicts with the law or this Indenture that the Trustee or the Collateral Agent, as applicable, determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee or the Collateral Agent in personal liability.
Appears in 3 contracts
Samples: Indenture (Akumin Inc.), Restructuring Support Agreement (Akumin Inc.), Indenture (Akumin Inc.)
Control by Majority. Holders The holders of a majority in principal amount of the then outstanding Notes may 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 it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be Indenture, is unduly prejudicial to the rights of other Holders of Notes Noteholders, or that may would involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (P Com Inc), Indenture (Midcom Communications Inc), Indenture (P Com Inc)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may 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 itit consistent with the Collateral Trust Agreement. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Unisys Corp), Indenture (Unisys Corp), Indenture (Unisys Corp)
Control by Majority. Holders of a majority in aggregate principal amount of the then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on it. However, the Trustee and the Trustee may act at the direction of the Holders without liability. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines may be is unduly prejudicial to the rights of any other Holders of Notes Holder or that may would involve the Trustee in personal liability.
Appears in 3 contracts
Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Control by Majority. Holders of a majority in principal amount of the then outstanding Notes may 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 itthe Trustee. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture that the Trustee reasonably determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve subject the Trustee in to personal liabilityliability and shall be entitled to the benefit of Sections 7.1(c)(iii) and 7.1(e).
Appears in 2 contracts
Samples: Indenture (Propex International Holdings II Inc.), Indenture (Nacg Finance LLC)