Common use of Control by Majority Clause in Contracts

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 51 contracts

Samples: Indenture (William Lyon Homes), Indenture (William Lyon Homes), Bridge Loan Agreement (William Lyon Homes)

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Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 30 contracts

Samples: Merger Agreement, Indenture (Verso Paper Holdings LLC), Indenture (Verso Paper Corp.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 27 contracts

Samples: Indenture (NCR Corp), Indenture (NCR Corp), Indenture (NCR Corp)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 24 contracts

Samples: Indenture (Clayton Williams Energy Inc /De), Indenture (Community Health Systems Inc), Indenture (General Maritime Corp/)

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Noteholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 22 contracts

Samples: Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 21 contracts

Samples: Indenture (Pra Group Inc), Indenture (Pra Group Inc), Indenture (Credit Acceptance Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities may then outstanding shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on it with respect to the TrusteeSecurities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture orIndenture, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liabilityliability unless the Trustee is offered indemnity satisfactory to it; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 19 contracts

Samples: Investment Agreement, Investment Agreement (NortonLifeLock Inc.), Investment Agreement (NortonLifeLock Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.01 and Section 7.02 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 19 contracts

Samples: Indenture (Bungeltd), Indenture (Bungeltd), Indenture (Bunge Limited Finance Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 16 contracts

Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 15 contracts

Samples: Indenture (Affinion Group, Inc.), Indenture (Momentive Specialty Chemicals Inc.), Indenture (Affinion Group, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 14 contracts

Samples: Indenture (Merrimack Pharmaceuticals Inc), Indenture (BPRex Delta Inc.), Indenture (RBS Global Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 13 contracts

Samples: Indenture (Albertsons Companies, Inc.), Indenture, Indenture (Albertsons Companies, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 11 contracts

Samples: Indenture (Fairchild Semiconductor International Inc), Indenture (Amtrol Inc /Ri/), Indenture (Riverwood Holding Inc)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 11 contracts

Samples: Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.), Indenture (Egalet Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses and expenses (including attorney’s fees and expenses) caused by taking or not taking such action.

Appears in 11 contracts

Samples: Indenture (DPC Products, Inc.), Indenture (21st Century Oncology Holdings, Inc.), Indenture (Cott Corp /Cn/)

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 10 contracts

Samples: Indenture (Warner Music Group Corp.), Indenture (Buhrmann Nederland B.V.), Indenture (Moore Labels Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, time method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder or would the Trustee, or that may involve the Trustee in personal liabilityliability unless the Trustee is offered security or indemnity satisfactory to it; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 9 contracts

Samples: Indenture (ACE Aviation Holdings Inc.), Indenture (American Medical Systems Holdings Inc), Indenture (AbitibiBowater Inc.)

Control by Majority. The Holders of a majority in ------------------- principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed -------- ------- proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 9 contracts

Samples: Indenture (Blum Capital Partners Lp), Indenture (Delco Remy International Inc), Indenture (Morrison Knudsen Corp//)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Quiksilver Inc), Indenture (Quiksilver Inc), Indenture (Tango of Arundel, Inc.)

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 8 contracts

Samples: Indenture (Ply Gem Holdings Inc), Indenture (Cpi Holdco Inc), Indenture (Ply Gem Holdings Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Verisign Inc/Ca), Indenture (MSCI Inc.), Indenture (MSCI Inc.)

Control by Majority. The Holders of a majority in -------------------- principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed -------- ------- proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Telecorp Tritel Holding Co), Indenture (Telecorp PCS Inc), Indenture (21st Century Telecom Group Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 8 contracts

Samples: Indenture (Viasystems Inc), Indenture (Intersil Holding Co), Indenture (Tva Sul Foz Do Iguacu LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit hereunder. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (Southern Natural Gas Co), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Transcontinental Gas Pipe Line Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (Sather Trucking Corp), Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, or that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that liability unless such Holders have offered to the Trustee may take security and indemnity satisfactory to it against any other action deemed proper by the Trustee that is not inconsistent with such directionloss, liability or expense. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to security or indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses that may be caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (PPD, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification from the Securityholders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 7 contracts

Samples: Indenture (Chief Auto Parts Inc), Indenture (Chief Auto Parts Inc), Indenture (BMG North America LTD)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1 and Section 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Stanley Works), Indenture (Stanley Works), Indenture (Manor Care Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Notes or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any such action hereunder, the Trustee or Agent shall be entitled to indemnification satisfactory to it in its sole discretion against all fees, losses and expenses (including attorney’s fees and expenses) caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Churchill Downs Inc), Indenture (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to be furnished with indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Denbury Resources Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Mexican Cellular Investments Inc), Indenture (NSM Steel Co LTD)

Control by Majority. The Holders Securityholders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 6 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit including, without limitation, any remedies provided for in Section 6.03. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Indenture (Doe Run Resources Corp), Indenture (Doe Run Resources Corp), Indenture (Wci Steel Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Indenture (Graham Packaging Holdings Co), Indenture (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.01 and Section 7.02 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Indenture (Bunge LTD), Indenture (Bunge N.A. Finance L.P.), Indenture (Bunge LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly may be prejudicial to the rights of other Securityholders Holders of the Notes or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or security satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, LLC)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal or financial liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification and security satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 5 contracts

Samples: Indenture (Constellium Se), Indenture (Constellium Se), Indenture (Constellium Se)

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 9.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 5 contracts

Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit hereunder. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Environmental Procedures Inc), Indenture (Tuboscope Inc /De/), Indenture (Fiber Glass Systems Lp)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.018.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Control by Majority. The Holders of not less than a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Securityholder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 4 contracts

Samples: Indenture (BWAY Holding CO), Indenture (Bway Corp), Indenture (Bway Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of by exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Anacomp Inc), Indenture (Anacomp Inc), Indenture (Pawnmart Inc)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Securities may may, subject to Section 7.02(iv), direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture orIndenture, subject to Section 7.01that may involve the Trustee in personal liability, or that the Trustee determines is in good faith may be unduly prejudicial to the rights of other Securityholders or would involve Holders of Securities not joining in the Trustee in personal liability; provided, however, that the Trustee giving of such direction and may take any other action deemed it deems proper by the Trustee that is not inconsistent with such direction. Prior any direction received from Holders of Securities pursuant to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such actionthis Section 6.05.

Appears in 4 contracts

Samples: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. Howeverit under this Indenture, the Securities or the Security Instruments. Subject to Section 6.1, however, Trustee may refuse to follow any direction (a) that conflicts with any law or this Indenture orIndenture, subject to Section 7.01, (b) that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would (c) that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Nuevo Permian Inc.), Indenture (Plains Exploration & Production Co), Indenture (Plains Exploration & Production Co L P)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines in good faith is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification and security satisfactory to it in its sole discretion the Trustee against all losses losses, liabilities and expenses that may be caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Century Communities, Inc.), Indenture (Century Communities, Inc.), Indenture (Century Communities, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO), Indenture (Phoenix Consulting Group, LLC)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes then outstanding 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Senior Secured Indenture (NXP Semiconductors N.V.), Senior Secured Indenture (NXP Semiconductors N.V.), Senior Secured Indenture (NXP Manufacturing (Thailand) Co., Ltd.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.), Indenture (Petroquest Energy Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders of Notes or would that may involve the Trustee in personal liability; provided, howeverfurther, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Section 6.05, the Trustee shall be entitled to indemnification security or indemnity from the Holders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP), Indenture (Tallgrass Energy Partners, LP)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding proceed ing for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification indemni fication satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 4 contracts

Samples: Indenture (Hyster Overseas Capital Corp LLC), Indenture (Navigator Gas Iom I-E LTD), Indenture (Texas Petrochemicals Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the such Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or security reasonably satisfactory to it in its sole discretion against all losses and expenses any loss, liability or expense caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.. This

Appears in 3 contracts

Samples: Indenture (Fisher Scientific International Inc), Indenture (Fisher Scientific International Inc), Indenture (Fisher Scientific International Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Rotech Healthcare Inc), Indenture (Rotech Healthcare Inc), Indenture (Novamerican Steel Inc.)

Control by Majority. The Holders of a majority in principal amount Principal Amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.016.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Columbia Gas System Inc), Indenture (Columbia Gas System Inc), Indenture (Columbia Gas System Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or of exercising any trust or power conferred on the it. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders or would that may involve the Trustee in personal liabilityliability or for which the Trustee does not have adequate indemnification pursuant to Section 7.01(e); provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or security satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (GSV Inc /Fl/), Indenture (GSV Inc /Fl/), Indenture (Shaw Group Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities at the time outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, or that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such directiondirection or this Indenture. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification may require indemnity satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Parker Drilling Co /De/), Indenture (Charming Shoppes Inc), Indenture (Invacare Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes at the time outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would potentially involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)

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Control by Majority. The Holders of a majority in aggregate principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the TrusteeTrustee with respect to the Securities. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion reasonable indemnity against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Stone Energy Corp), Indenture (LTV Steel Co Inc), Indenture (Stone Energy Corp)

Control by Majority. The Holders of not less than a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 8.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 3 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS USA Holdings, Inc.)

Control by Majority. The Holders holders of a majority in principal amount of the Securities New Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture Note or, subject to Section 7.0115, that the Trustee determines is unduly prejudicial to the rights of other Securityholders holders of the New Notes or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Exchange Agreement (Avondale Inc), Exchange Agreement (Avondale Inc), Exchange Agreement (Avondale Inc)

Control by Majority. The Holders of a majority in principal amount aggregate Accreted Principal Amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is unduly may be prejudicial to the rights of other Securityholders another Holder or would the Trustee, or that may involve the Trustee in personal liability; providedliability unless the Trustee is offered indemnity satisfactory to it. In addition, however, that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification by the Noteholders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc), Indenture (Magellan Health Services Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification by Holders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Affinia Group Intermediate Holdings Inc.), Indenture (Westborn Service Center, Inc.), Indenture (Wix Filtration Media Specialists, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc), Indenture (Koll Donald M)

Control by Majority. The Holders of a majority in principal amount of the then outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (ARKO Corp.), Indenture (Murphy USA Inc.), Indenture (Murphy USA Inc.)

Control by Majority. The Holders of a majority in principal amount at maturity of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Buffets Holdings, Inc.), Indenture (Mediq Inc), Indenture (Buffets Holdings, Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverThe Trustee, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.018.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

Control by Majority. The Holders of not less than a majority in principal amount at maturity of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders another Holder, or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking In the event the Trustee takes any action hereunderor follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses any loss or expense caused by taking such action or not taking following such actiondirection.

Appears in 3 contracts

Samples: Indenture (Norcraft Capital Corp.), Indenture (NTK Holdings, Inc.), Indenture (MAAX Holdings, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.01 and Section 7.02, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would potentially involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Castle a M & Co), Indenture (Mindspeed Technologies, Inc), Indenture (Castle a M & Co)

Control by Majority. The Holders of a majority in aggregate principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive indemnification reasonably satisfactory to it in its sole discretion against all losses losses, costs, liabilities and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 3 contracts

Samples: Indenture (Uniplast Industries Co), Indenture (Alliant Techsystems Inc), Indenture (Acs Infosource Inc)

Control by Majority. The Holders of not less than a majority in principal amount aggregate Principal Amount of the Securities may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. HoweverTrustee with respect to the Notes; provided, however, that (i) the Trustee may refuse to follow any direction that conflicts with law or this Indenture orIndenture, (ii) subject to Section 7.01, that the Trustee determines is unduly prejudicial may refuse to follow any direction that would in the rights good faith judgment of other Securityholders or would involve the Trustee have a substantial likelihood of involving the Trustee in personal liability; provided, however, that liability and (iii) the Trustee may take any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Expressjet Holdings Inc), Indenture (Expressjet Holdings Inc)

Control by Majority. The Subject to Section 2.9, the Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Atlas Air Inc), Indenture (Atlas Air Inc)

Control by Majority. The Holders of a majority in principal amount at Maturity of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.019.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal per­sonal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification indemni­fication satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01SECTIONS 7.1 AND 7.2, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Bertuccis of White Marsh Inc), Indenture (Ne Restaurant Co Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; providedPROVIDED, howeverHOWEVER, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification from such Holders satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Diagnostic Pathology Management Services Inc), Indenture (Winfred Berg Licensco Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (General Communication Inc), Indenture (Shared Technologies Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or of exercising any trust or power conferred on the it. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders or would that may involve the Trustee in personal liabilityliability or for which the Trustee does not have adequate indemnification pursuant to Section 7.01(e); provided, however, provided that the Trustee may take -------- any other action deemed proper by the Trustee that which is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1 hereof, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders of Notes or would that may involve the Trustee in personal liability; provided, however, provided that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (R&b Falcon Corp), Indenture (Harperprints Inc)

Control by Majority. The Holders of a majority in outstanding principal amount of the Securities may 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 the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior Subject to Section 7.1, prior to taking any action hereunder, the Trustee shall be entitled to indemnification reasonably satisfactory to it in its sole discretion against all losses loss, liability and expenses expense caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Halcon Resources Corp), Indenture (Key Energy Services Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trusteeit hereunder. However, the Trustee may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01the Indenture, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive indemnification from such Holders reasonably satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Control by Majority. The Holders of a majority in principal amount of the Securities outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.018.1 and Section 8.2 hereof, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Bunge LTD), Indenture (Bunge LTD)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01Sections 7.1 and 7.2, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Gibraltar Industries, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such actionaction subject to the Trustee’s duty to act with the required standard of care during a default.

Appears in 2 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities Notes then outstanding may direct in writing the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising to exercise any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security reasonably satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the -47- 52 Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Globalstar Capital Corp), Indenture (Globalstar Capital Corp)

Control by Majority. The Holders of a majority in aggregate principal amount at maturity of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunderunder this Indenture, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Finance Holdings Inc.)

Control by Majority. The Holders of a majority in principal amount Principal Amount of the Securities Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Noteholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC)

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, Sections 7.1 and 7.2 that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Manor Care Inc), Indenture (HCRC Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders of Notes or would the Trustee or that may involve the Trustee in personal liability; provided, liability provided however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification indemnity satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Temporary Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the Securities then outstanding may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the it hereunder. The Trustee. However, the Trustee however, may refuse to follow any direction that conflicts with applicable law or this Indenture or, subject to Section 7.01, that the Trustee determines is may be unduly prejudicial to the rights of other Securityholders Holders, or would that may involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to receive reasonable indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such actionaction subject to the Trustee's duty to act with the required standard of care during a default.

Appears in 2 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Control by Majority. The Holders of a majority in -------------------- principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of other Securityholders Holders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by -------- ------- the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Commercial Aggregates Transportation & Sales LLC), Indenture (Kansas City Southern Industries Inc)

Control by Majority. The Holders of a majority in principal amount of the Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture 0000-0000-0000 or, subject to Section 7.01, that the Trustee determines is unduly prejudicial to the rights of any other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses losses, liabilities and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture

Control by Majority. The Holders of a majority in principal amount of the outstanding Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, subject to Section 7.017.1, that the Trustee determines is unduly prejudicial to the rights of other Securityholders or would involve the Trustee in personal liability; provided, however, that the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it in its sole discretion against all losses and expenses caused by taking or not taking such action.

Appears in 2 contracts

Samples: Indenture (Telex Communications Inc), Indenture (Telex Communications Intermediate Holdings LLC)

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