Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 16 contracts
Samples: Indenture (Time Warner Telecom Inc), Indenture (Smurfit-Stone Container Enterprises Inc), Indenture (Time Warner Telecom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee by this Indenture. The Trustee; provided that the Trustee , however, may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, Indenture or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining another Noteholder or that may involve the Trustee in the giving of such directionpersonal or corporate liability; and provided further that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 15 contracts
Samples: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . Subject to Section 8.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such directiondirection received from the Holders; and provided further provided, however, that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 15 contracts
Samples: Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Eighteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . Subject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such directiondirection received from the Holders of Notes; and provided further provided, however, that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 11 contracts
Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 10 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 10 contracts
Samples: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging Trust Inc), Guaranty Agreement (Kingston Plantation Development Corp)
Control by Majority. The Holders of at least a majority A Majority in aggregate principal amount of the outstanding Notes Interest may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Equipment Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Equipment Notes.
Appears in 9 contracts
Samples: Trust Indenture and Security Agreement (Trinity Industries Inc), Trust Indenture and Security Agreement (Trinity Industries Inc), Trust Indenture and Security Agreement (Trinity Industries Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 9 contracts
Samples: First Supplemental Indenture (Dupont Fabros Technology, Inc.), Indenture, Indenture
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 7 contracts
Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 7 contracts
Samples: Indenture (Spansion Inc.), Indenture (Intertape Woven Products Services S.A. De C.V.), Indenture (R H Donnelley Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 7 contracts
Samples: Indenture (CSK Auto Corp), Indenture (United Musical Instruments Usa Inc), Indenture (Steinway Musical Instruments Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 7 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (Vici Properties Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that the Trustee determines may be unduly prejudicial to the rights of other Holders of Notes or that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 7 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes the Notes, not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 6 contracts
Samples: Senior Euro Notes Indenture (Viatel Inc), Senior Euro Notes Indenture (Viatel Inc), Senior Indenture (Viatel Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent consistent with any such direction received from Holders of such Notes.
Appears in 6 contracts
Samples: Senior Notes Indenture (Loral Cyberstar Inc), Senior Notes Indenture (Loral Space & Communications LTD), Senior Notes Indenture (Loral Space & Communications LTD)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 6 contracts
Samples: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 6 contracts
Samples: Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee pursuant to this Indenture; provided that provided, however, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further provided, further, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 6 contracts
Samples: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, however, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further further, however, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesSecurities pursuant to this Section 6.05.
Appears in 5 contracts
Samples: Indenture (Winstar Communications Inc), Senior Subordinated Deferred Interest Notes Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow , provided, however, that: -------- -------
(a) such direction shall not be in conflict with any direction that conflicts with rule of law or with this Indenture, that may involve any Note or any Note Guarantee or expose the Trustee in to personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that and
(b) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 5 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes Notes, by notice to the Trustee, may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 5 contracts
Samples: Indenture (Powertel Inc /De/), Indenture (American Trans Air Execujet Inc), Indenture (American Trans Air Execujet Inc)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 5 contracts
Samples: Indenture (TVN Entertainment Corp), Indenture (Itc Deltacom Inc), Indenture (Itc Deltacom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 5 contracts
Samples: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)
Control by Majority. The Holders of at least not less than a ------------------- majority in aggregate principal amount of the outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow that
(a) such direction shall not be in conflict with any direction that conflicts with rule of law or with this Indenture, that may involve the Trustee in personal liability, Indenture or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes and would not joining in subject the giving of such direction; and provided further that Trustee to personal liability, and
(b) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 5 contracts
Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeod Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liabilityliability or expense that is not adequately indemnified in the judgment of the Trustee, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 5 contracts
Samples: Indenture (Swift Transportation Co), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee pursuant to this Indenture. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 4 contracts
Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Control by Majority. The Subject to the provisions of this Indenture and applicable law, the Holders of at least a majority in aggregate principal amount of the then outstanding Notes may have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the . The Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining another Holder, or that may involve the Trustee in the giving of such directionpersonal liability; and provided further that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 4 contracts
Samples: Indenture, Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action that it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 4 contracts
Samples: Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture or this Indenturethe Intercreditor Agreement, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 3 contracts
Samples: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes Notes, by notice to the Trustee, may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.06.
Appears in 3 contracts
Samples: Indenture (Kitty Hawk Inc), Indenture (Aurora Electronics Inc), Indenture (Cerplex Group Inc/De)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then total 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; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification satisfactory to it against all losses and expenses caused by taking or not taking such action.
Appears in 3 contracts
Samples: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 3 contracts
Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Corp), Indenture (Ak Steel Holding Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes of a series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee with respect to the Notes of such series. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the affected Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 3 contracts
Samples: Indenture (British American Tobacco p.l.c.), Indenture (Reynolds American Inc), Indenture (British American Tobacco p.l.c.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the 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 TrusteeTrustee with respect to the Notes; provided provided, however, that the Trustee may refuse to follow (i) such direction shall not be in conflict with any direction that conflicts with rule of law or with this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; Indenture and provided further that (ii) the Trustee may take any other action it deems deemed proper by the Trustee that is not inconsistent with such direction. The Trustee shall be under no obligation to exercise any of its rights or powers under this Indenture at the request or direction of any of the Holders, unless such direction received from Holders of Notesshall have offered to the Trustee security or indemnity to its satisfaction.
Appears in 3 contracts
Samples: Indenture (Grupo Financiero Galicia Sa), Indenture (Grupo Financiero Galicia Sa), Indenture (Grupo Financiero Galicia Sa)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 3 contracts
Samples: Indenture (Orbital Sciences Corp /De/), Indenture (Mikohn Gaming Corp), Indenture (Herbalife International Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided PROVIDED, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further PROVIDED FURTHER, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 3 contracts
Samples: Indenture (Dobson Communications Corp), Indenture (Dobson Communications Corp), Indenture (Dobson Wireline Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes Securities of any series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes the affected Securities not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notessuch Securities.
Appears in 3 contracts
Samples: Indenture (RR Donnelley & Sons Co), Indenture (RR Donnelley & Sons Co), Indenture (Airgas Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 3 contracts
Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 3 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. Subject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such directionanother Holder; and provided further provided, however, that the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with such direction. In the event the Trustee takes any action or follows any direction pursuant to this Indenture, the Trustee shall be entitled to indemnification against any loss or expense caused by taking such direction received from Holders of Notesaction or following such direction.
Appears in 3 contracts
Samples: Indenture (Exide Technologies), Indenture (Omega Healthcare Investors Inc), Indenture (Omega Healthcare Investors Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that Trustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 3 contracts
Samples: Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.)
Control by Majority. The Holders of at least not less than a majority in aggregate principal amount of the outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow PROVIDED that
(a) such direction shall not be in conflict with any direction that conflicts with rule of law or with this Indenture, that may involve the Trustee in personal liability, Indenture or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes and would not joining in subject the giving of such direction; and provided further that Trustee to personal liability, and
(b) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 3 contracts
Samples: Indenture (McLeodusa Inc), Indenture (Firstworld Communications Inc), Indenture (McLeodusa Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 2 contracts
Samples: Indenture (Extended Stay America Inc), Indenture (Extended Stay America Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for enforcing any rights and exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from for Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Complete Production Services, Inc.), Indenture (Grant Prideco Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 2 contracts
Samples: Indenture (Cosan Ltd.), Indenture (JBS USA Holdings, Inc.)
Control by Majority. The Subject to the terms of the Security Documents, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Constellium N.V.), Indenture (Oppenheimer Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 2 contracts
Samples: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Urs Corp /New/), Indenture (Ipc Information Systems Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount Accreted Value of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notesthe Holders.
Appears in 2 contracts
Samples: Indenture (Thermadyne MFG LLC), Indenture (Viasystems Group Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture, Indenture (Rex Energy Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on to the Trustee; provided that . However, the Trustee may may, subject to Article Seven, refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Ames True Temper, Inc.), Indenture (Ames True Temper, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may may, upon the advice of counsel, refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Allegheny Technologies Inc), Indenture (Toys R Us Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes the Securities may direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes the Securities not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notesthe Securities.
Appears in 2 contracts
Samples: Indenture (Aes Corporation), Indenture (Aes Corporation)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount of the outstanding Notes Notes, by notice to the Trustee, may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.5.
Appears in 2 contracts
Samples: Indenture (Omnipoint Corp \De\), Indenture (Omnipoint Corp \De\)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee trustee determines in good faith may be unduly prejudicial to the rights of Holders holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders holders of Notes.
Appears in 2 contracts
Samples: Indenture (Opti Canada Inc), Indenture (Opti Canada Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 2 contracts
Samples: Indenture (Cke Restaurants Inc), Indenture (Foodmaker Inc /De/)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from the Holders of Notesa majority in aggregate principal amount of Notes then outstanding.
Appears in 2 contracts
Samples: Indenture (Aci Worldwide, Inc.), Indenture (Aci Worldwide, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 2 contracts
Samples: Indenture (Ultrapar Holdings Inc), Indenture (Ultrapar Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes the Notes, not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 2 contracts
Samples: Senior Discount Dm Indenture (Viatel Inc), Senior Discount Dollar Indenture (Viatel Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability, and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 2 contracts
Samples: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee with respect to the Notes, or exercising any trust or power conferred on upon the Trustee; provided that Trustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Windstream Services, LLC), Indenture (Windstream Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction or that may involve the Trustee in personal liability and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 2 contracts
Samples: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, if the directing holders do not offer indemnity satisfactory to the Trustee in connection with such direction, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 2 contracts
Samples: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes of a series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Molson Coors Brewing Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Control by Majority. The Subject to Section 7.02(d), the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (GeoPark LTD)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, (a) the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that (b) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesthe Holders.
Appears in 1 contract
Samples: Indenture (Urs Corp /New/)
Control by Majority. (a) The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the such Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 1 contract
Samples: Indenture (Penson Worldwide Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee; provided , provided, however, that the Trustee may refuse to follow any direction that conflicts with any law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further provided, further, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Viavi Solutions Inc.)
Control by Majority. The Holders of at least a ------------------- majority in aggregate principal amount of the outstanding Notes Debentures may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes Debentures not joining in the giving of such direction; and provided further further, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesDebentures pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, Indenture that the Trustee determines may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from for Holders of Notes.
Appears in 1 contract
Samples: Indenture (Dutchess County Cellular Telephone Co Inc)
Control by Majority. The Subject to certain restrictions, the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from the Holders of Notesa majority in aggregate principal amount of Notes then outstanding.
Appears in 1 contract
Samples: Indenture (Digitalglobe, Inc.)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes Securities may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; : provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; : and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesSecurities pursuant to this Section 6.05.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
Control by Majority. The Subject to Section 7.7, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of such Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in ------------------------ aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (CFW Communications Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Scotsman Industries Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.
Appears in 1 contract
Control by Majority. The Subject to the provision of an indemnity satisfactory the Trustee, the Holders of at least a majority in aggregate principal amount of the then-outstanding Notes may will have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that it. However, the Trustee a may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in Trustee’s personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any such direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 1 contract
Samples: Indenture (Timken Co)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes Debentures may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes Debentures not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesDebentures.
Appears in 1 contract
Samples: Indenture (Regal Cinemas Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or 96 103 power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this the Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least not less than a majority in aggregate principal amount at Stated Maturity of the outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow that
(a) such direction shall not be in conflict with any direction that conflicts with rule of law or with this Indenture, that may involve the Trustee in personal liability, Collateral Documents or that the Trustee determines in good faith may be Senior Note Collateral Documents or unduly prejudicial to the rights right of other Holders of Notes and would not joining in subject the giving of such direction; and provided further that Trustee to personal liability, and
(b) the Trustee may take any other action it deems deemed proper that by the Trustee which is not inconsistent with any such direction received from Holders of Notesdirection.
Appears in 1 contract
Samples: Indenture (PLD Telekom Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further further, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Pagemart Wireless Inc)
Control by Majority. The Holders of at least a majority in ------------------- aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further further, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Telecom Argentina Sa)
Control by Majority. The Holders of at least a majority ------------------- in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Loudcloud Inc)
Control by Majority. The Holders of at least a majority ------------------- in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Earthwatch Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided provided, that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; and provided further further, that the Trustee may take any other action it deems proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Innova S De Rl)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this IndentureIndenture or any Collateral Document, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the TrusteeTrustee with respect to the Notes; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, liability or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; , provided that the Trustee may require indemnity satisfactory to it to be furnished prior to taking such action. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (UWM Holdings Corp)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; , and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Control by Majority. The Subject to Section 7.07 and applicable law, the Holders of at least a majority in aggregate principal amount of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of the Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of the Notes.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount of the then-outstanding Notes may shall have the right to direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising the exercise of any trust other right or power conferred on of the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in Trustee’s personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (GTT Communications, Inc.)
Control by Majority. The Holders of at ------------------- least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Icg Services Inc)
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes Notes, by notice to the Trustee, may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that the Trustee may take any other action it deems 155 55 proper that is not inconsistent with any such direction directions received from Holders of NotesNotes pursuant to this Section 6.05.
Appears in 1 contract
Control by Majority. The Holders of at least a majority in aggregate principal amount at maturity of the outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any an trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; direction and provided further that the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.
Appears in 1 contract
Samples: Indenture (Comple Tel LLC)
Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes of a series may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee; provided that . However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture, that may involve the Trustee in personal liability, or that the Trustee determines in good faith may be unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction; and provided further that . In addition, the Trustee may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes. The Trustee shall not be obligated to take any action at the direction of Holders unless such Holders have offered to the Trustee indemnity reasonably satisfactory to the Trustee.
Appears in 1 contract
Samples: Indenture (Cloud Peak Energy Inc.)