Common use of Control by Majority Clause in Contracts

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.

Appears in 38 contracts

Samples: Indenture (Enova International, Inc.), Indenture (Enova International, Inc.), Indenture (Enova International, Inc.)

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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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.

Appears in 33 contracts

Samples: Indenture (Sothebys), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.

Appears in 32 contracts

Samples: Indenture (GeoPark LTD), Indenture (Molson Coors Brewing Co), Indenture (Sandridge Energy 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notesthe Holders.

Appears in 18 contracts

Samples: Indenture (Lyondell Chemical Co), Indenture (Lyondell Houston Refinery Inc.), Indenture (Lyondell Refining LP, LLC)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (United Musical Instruments Usa Inc), Indenture (CSK Auto Corp), 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 any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 Dollar Notes Indenture (Viatel Inc), Senior Euro Notes Indenture (Viatel Inc), Senior Dollar Indenture (Viatel Inc)

Control by Majority. The Holders of 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 TrusteeTrustee with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 Space & Communications LTD), 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Itc Deltacom Inc), Indenture (Itc Deltacom Inc), Indenture (TVN Entertainment Corp)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 With respect to the Notes of any series, 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. However, ; provided that the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes of that series.

Appears in 4 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Bon Ton Stores Inc), Indenture (Venture Holdings, Inc.), Indenture (Solo Texas, 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 Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action that it deems proper that is not inconsistent with any such direction received from Holders of NotesHolders.

Appears in 3 contracts

Samples: Indenture (QualityTech, LP), Indenture (QualityTech, LP), Indenture (QTS Realty Trust, Inc.)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Zayo Group LLC), Indenture (Zayo Group LLC), Indenture (Zayo Group Holdings, 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 Trustee. However, the Trustee may refuse to follow any direction that conflicts with law law, this Indenture or the IndentureIntercreditor 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 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 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 TrusteeTrustee with respect to the Notes of such series. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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 with respect to the Notes. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 Subject to Section 7.02(iv), 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 Dollar Indenture (Viatel Inc), Senior Discount Dm 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the Indenture, that may involve the Trustee in personal liability, or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such directiondirection or that may involve the Trustee in personal liability, and 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 outstanding Notes 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 TrusteeTrustee with respect to such series. HoweverSubject to Section 7.01, however, the Trustee may refuse to follow any direction that conflicts with any law or the 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; provided, and 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 2 contracts

Samples: Indenture (Pocatello Idaho Property, L.L.C.), Indenture (Pocatello Idaho Property, L.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 exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may may, upon the advice of counsel, refuse to follow any direction that conflicts with law or the 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 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 (Toys R Us Inc), Indenture (Allegheny Technologies Inc)

Control by Majority. The Holders of 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 Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the law, this Indenture, that may involve the Trustee in personal liabilityNotes or any Note Guarantee, or that the Trustee determines in good faith may be is unduly prejudicial to the rights of Holders of Notes not joining in the giving of such direction, and may take any other action it deems proper Holder or that is would involve the Trustee in personal liability or expense for which the Trustee has not inconsistent with any such direction received from Holders of Notesa satisfactory indemnity.

Appears in 2 contracts

Samples: Indenture (Centennial Resource Development, Inc.), Indenture (Centennial Resource Development, Inc.)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the Indenture, that may involve the Trustee in personal liability, or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining in the giving of such direction, direction or that may involve the Trustee in personal liability and 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 (JBS USA Holdings, Inc.), Indenture (Cosan Ltd.)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may may, subject to Article Seven, refuse to follow any direction that conflicts with law or the 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 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 a majority in aggregate principal amount Original 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 receive indemnification satisfactory to it against all fees, losses and expenses (including attorney’s fees and expenses) incurred or to be incurred by taking such action.

Appears in 2 contracts

Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Haights Cross Operating Co)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. HoweverNotwithstanding the foregoing, the Trustee may refuse to follow any direction that conflicts with law or the 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 other Holders of Notes not joining in the giving of such direction, and 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 (DreamWorks Animation SKG, 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 Majority Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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: Debt Registration Rights Agreement (Choice One Communications Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders. The Holders of Notesmay not enforce this Indenture or the Notes except as provided in this Indenture.

Appears in 1 contract

Samples: Indenture (Pebblebrook Hotel Trust)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the this Indenture, that any proceeding 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 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 (Dobson Communications Corp)

Control by Majority. The Holders of a majority in aggregate principal amount Principal Amount at Maturity 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Micron Technology Inc)

Control by Majority. The Holders of a majority in aggregate principal amount 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 Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or that the Indenture, Trustee determines may be unduly prejudicial to the rights of other Holders of Notes not joining the giving of such direction or that may involve the Trustee in personal liability, or that the . 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 may take any other action it deems proper that is not inconsistent consistent with this Indenture relating to any such direction received from Holders of Notesdirection.

Appears in 1 contract

Samples: Indenture (Astoria Financial Corp)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Diva Systems Corp)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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

Samples: Indenture (Pharma Services Intermediate Holding Corp)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 Subject to Section 7.02(d), the Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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)

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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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.. 57 51

Appears in 1 contract

Samples: Indenture (Allegiance Telecom Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Roundy's, Inc.)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the Indenturethis Indenture 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 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 (McDermott International Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with applicable law or the this Indenture, that may involve subject 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 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 (NFC Castings Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. HoweverNotwithstanding the foregoing, the Trustee may refuse to follow any direction that conflicts with law or the Indenture, this Indenture or any Security Document 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 other Holders of Notes not joining in the giving of such direction, and 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 (Entravision Communications Corp)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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

Samples: Indenture (Scripps Networks Interactive, 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 an trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Park Hotels & Resorts Inc.)

Control by Majority. The Subject to Section 2.09, 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. However, the Trustee may refuse to follow any direction that conflicts with law or the this Indenture, that may involve subject 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, direction and 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: Senior Subordinated Indenture (Pasta Group L L C)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 (PHH Corp)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture that the Indenture, that 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 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 Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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. In addition, and 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 satisfactory to the Trustee.

Appears in 1 contract

Samples: Indenture (Molycorp, Inc.)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes affected thereby 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. However, the Trustee may refuse to follow any direction that conflicts with law or the this Indenture, that any proceeding 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 may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes affected thereby.

Appears in 1 contract

Samples: Indenture (Dobson Communications Corp)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or the Indentureother Note Documents, 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 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 (Sandridge Energy Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 (Flextronics International Ltd.)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 will be entitled to indemnification satisfactory to it against all losses, liabilities and expenses caused by taking or not taking such action.

Appears in 1 contract

Samples: Indenture (Flextronics International Ltd.)

Control by Majority. The Holders of 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 exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (DineEquity, 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 a trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or, so long as the IndenturePledge Agreement is in effect, the Pledge 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 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 Europe Nv)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 (Spectrum Brands, 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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: Senior Notes Indenture (RSL Communications PLC)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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

Samples: 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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, direction and 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 (Coast Resorts 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or this Indenture or any of the IndentureSecurity Documents, 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 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 (Playboy Enterprises Inc)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the an outstanding series of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 any series of Notes not joining in the giving of such direction, and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of NotesNotes of any series.

Appears in 1 contract

Samples: Indenture (Ipalco Enterprises Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any such direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 (Williams Communications Group Inc)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes at maturity 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Amazon Com Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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: First Supplemental Indenture (Cardtronics Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. Howeverit; provided, however, the Trustee may refuse to follow any direction that conflicts with law or the 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, direction and 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 (APW Supermarkets, Inc.)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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

Samples: Indenture (WEX Inc.)

Control by Majority. The Holders of at least a majority in aggregate principal amount of the outstanding Notes of each 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. However, the Trustee may refuse to follow any direction that conflicts with law or 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 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 (Williams Communications Group Inc)

Control by Majority. The Holders of 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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Ikon Office Solutions Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for exercising any remedy available to the Trustee or exercising any trust or power conferred on the Trusteeit. However, the Trustee may refuse to follow any direction that conflicts with law or the Indenture, that may involve the Trustee in personal liability, or this Indenture that the Trustee determines in good faith may be unduly prejudicial to the rights of other Holders of Notes not joining or that may involve the Trustee in the giving of such direction, personal liability and may take any other action it deems proper that is not inconsistent with any such direction received from Holders of Notes.

Appears in 1 contract

Samples: Indenture (Texas Industries Inc)

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. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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

Samples: Indenture (Laidlaw International Inc)

Control by Majority. The Holders of a majority in aggregate principal amount of the then outstanding Notes may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. However, the Trustee may refuse to follow any direction that conflicts with law or the 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 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 (Keystone Marketing Services Inc)

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